Aadhaar Bench assembles. Day 3 Session 1.
Shyam Divan to continue the case for the petitioners.
Shyam Divan reads out the part of the privacy judgment that warns of the dangers of profiling through integrating different sets of data.
(This is Justice Chandradhud's plurality opinion in the privacy judgment.)
Shyam Divan reads out the part of the privacy judgment that explains the concept of informational privacy.
Shyam Divan reads out the part of the privacy judgment that says that it is impossible to visualise in advance all the possible harms that can result from proliferating data sets.
Shyam Divan reads out the part of the judgment that says that there are complex issues surrounding big data and power.
Shyam Divan reads out the part of the privacy judgment that spells out limitations on privacy - there must be a law, there must be a legitimate State aim, and there restriction must be proportionate.
Shyam Divan reads out the part of the privacy judgment that says that privacy is an integral element of the right to life, and that any limitation must be within the constitutional framework.
Shyam Divan: "Privacy is the constitutive core of human dignity and the foundation of ordered liberty. It recognises the individual's right to control vital aspects of their life. It is not lost or surrendered merely by being in a public place."
Shyam Divan: "The interpretation of privacy must be flexible, to meet evolving challenges." (from the judgment)
Shyam Divan reads out the part of the privacy judgment that says that privacy harms can result both from State and non-State actors.
Shyam Divan has finished reading Justice Chandrachud's plurality opinion. He reads out Justice Chelameswar's concurring opinion in that judgment, which talks about the Constitution as securing freedom for every generation of Indians.
Shyam Divan reads out the part of Justice Chelameswar's opinion that talks about the interrelationship of Articles 19 (freedom) and 21 (life and personal liberty) of the Constitution.
Shyam Divan reads out Justice Chelameswar's opinion defining privacy as consisting of "repose, sanctuary and intimate decision."
Shyam Divan reads out the part of Justice Chelameswar's judgment that says that fundamental rights are the firewall between the individual and concentrated State power.
Shyam Divan reads out the part of Justice Bobde's concurring opinion that says that the Constitution transformed Indians from subjects under a monarch to citizens of a Republic.
Shyam Divan reads out the part of Justice Bobde's opinion that grounded privacy in Indian intellectual thought, and then draws the link between privacy, dignity and liberty.
Shyam Divan reads out the part of Justice Bobde's opinion that talks about privacy as a "traveling right" - it is a springboard to other rights, such as speech, association, assembly etc.
Shyam Divan reads out the part of Justice Nariman's concurring opinion that argued that privacy is not an elitist concept.
Shyam Divan reads out the part of Justice Nariman's opinion that observed that the State's argument that privacy was an elitist concept seemed to spring from its defense of the Aadhaar Act.
Shyam Divan reads out the part of Justice Nariman's opinion that says that in order to restrict privacy, the State's interest must be "compelling."
Lastly, Shyam Divan reads out Justice Kaul'a concurring opinion, which observed that the fact that some people may not attach great importance to privacy is no reason to deny recognising it as a right.
Shyam Divan reads out the part of Justice Kaul's judgment that talked about Edward Snowden, data profiling, the definition of data profiling.
... and the potential of profiling far both good and evil.
Shyam Divan reads out the part of Justice Kaul's judgment that talks about digital footprints, and the various kinds of powers that big data can exercise.
SD: "Privacy is a constraint not just on State power but also non-State power." (from Justice Kaul's opinion)
Shyam Divan reads out the part of Justice Kaul's judgment that defines probably as the right of the individual to control information about herself.
Shyam Divan reads out the part of Justice Kaul's judgment that talks about how the privacy of children requires special concern.
Shyam Divan takes the Court through the part of Justice Kaul's opinion that says that privacy is particularly important in a country as diverse as India.
Shyam Divan reads out the unanimous conclusion of the nine judges that held that privacy is a fundamental right under the Indian Constitution.
Shyam Divan hands over a two-and-a-half page summary of the privacy judgment to the Court.
SD: The Supreme Court judgment affirms that privacy has always been a fundamental right, and the correct position has been established by a number of judgment after Kharak Singh.
SD summarises: privacy is a natural right, a condition precedent to the enjoyment of any other fundamental right, it includes the right to control the dissemination of information.
SD: The sanctity of privacy lies in its relationship with dignity. Privacy is a postulate of human dignity itself. This is the second element of the privacy judgment .
SD: The third point is that privacy is integral to liberty and freedom. Privacy is more than a derivative right, it is a foundational right.
SD: The fourth point is that privacy has both negative and positive components. In its negative concept, it protects the individual from the State. In its positive aspect, it casts an obligation upon the State to protect individuals from non-State actors.
SD: The fifth point is that privacy is not an elitist concept. The subordination of civil and political rights to econmic and social rights has been used for some of the most egregious violations in history.
SD: The sixth point is that knowledge is power. Information in silos, when aggregated, can be a threat to freedom.
SD: The seventh point is that privacy can be restricted only by a law that is just, fair, and reasonable.
SD: The last point is the rule of law and the necessity of judicial remedies. These are our eight takeaways from the privacy judgment.
Bench rises for lunch. At 2 30, Shyam Divan will begin with the Aadhaar Act. You can read it here: uidai.gov.in/legal-framewor…
Cheers.
