Orissa High Court Upholds Right to Privacy in APAAR ID Consent Form Case Court Directs Amendment to Consent Forms, Ensuring Voluntary Participation in APAAR ID Initiative
In a significant ruling, the Orissa High Court, presided over by Justice Sashikanta Mishra, has reinforced the protection of individual privacy rights by directing amendments to the consent forms used for the Automated Permanent Academic Account Registry (APAAR) ID initiative. The court's decision came in response to a writ petition filed by Rohit Anand Das and another petitioner, challenging the lack of an opt-out option in the consent forms mandated for the creation of APAAR IDs linked with Aadhaar numbers.
The petitioners contended that the consent forms did not provide parents the right to refuse participation in the initiative, thereby infringing on their fundamental right to privacy under Article 21 of the Indian Constitution. The APAAR ID initiative, introduced by the Ministry of Education, aims to assign unique identifiers to students to track their educational records. However, the petitioners argued that the consent forms' lack of clarity on the voluntary nature of the initiative turned it into a de facto mandatory requirement.
The court highlighted that the right to privacy is a fundamental right protected under Article 21, as previously upheld by the Supreme Court in the landmark K.S. Puttaswamy v. Union of India case. Justice Mishra emphasized that any initiative involving personal data collection must include a provision for individuals to refuse consent to align with the voluntary nature of such schemes.
The court noted that while the Ministry of Education and other government entities claimed the initiative was voluntary, the absence of a clear opt-out option in the consent forms contradicted this stance. The court observed that the current consent forms, which only allowed for the withdrawal of consent after it was given, did not adequately protect individuals' privacy rights.
In its judgment, the court directed the concerned authorities to amend the consent forms to explicitly include an option for parents to refuse participation in the APAAR ID initiative from the outset. The court also suggested that the model consent form proposed by the petitioners, which included a refusal of consent clause, be considered for implementation.
The ruling is a reaffirmation of the judiciary's commitment to safeguarding individual privacy rights and ensuring that government initiatives respect the voluntary nature of consent, especially in sensitive areas involving personal data collection.
Bottom Line:
Right to Privacy - Consent forms for APAAR ID creation must provide an option to refuse consent or opt out to align with the voluntary nature of the initiative and protect fundamental rights under Article 21 of the Constitution.
Statutory provision(s): Article 21 of the Constitution of India, K.S. Puttaswamy v. Union of India, Digital Personal Data Protection Act, 2023 Section 6(1)
Rohit Anand Das v. State of Odisha, (Orissa) : Law Finder Doc Id # 2821523
