Photo of Rahul Goel

Partner in the Competition Practice at the Delhi Office of Cyril Amarchand Mangaldas. Rahul focuses on competition law, trade law and technology as well as media & telecommunication. He routinely advises on issues relating to behavioural/ enforcement matters, merger control provisions as well as anti-dumping, international trade and WTO laws and the Information Technology Act and its rules. He can be reached at rahul.goel@cyrilshroff.com

 

On 24 August 2017, a nine-judge bench of the Supreme Court of India (Supreme Court) declared privacy as a fundamental right protected under the Indian Constitution (Privacy Judgment)[1]. The Supreme Court while holding the right to privacy as an intrinsic part of the right to life and personal liberty, and informational privacy as a facet of the right to privacy; highlighted the need for government to examine and enforce a robust regime for data protection.

The Supreme Court suggested balance between data regulation and personal privacy as there are legitimate state concerns (like protecting national security, preventing and investigating crime, encouraging innovation and the spread of knowledge, and preventing the dissipation of social welfare benefits)on one hand and individual interests in the protection of privacy on the other. Appreciating the complexity of all these issues, the Supreme Court (upon being informed of the constitution of an expert committee chaired by Hon’ble Shri Justice B.N. Srikrishna, former Judge of Supreme Court), left the matter for determination by the said expert committee (Expert Committee), which was required to give due regard to what the Supreme Court had held in the Privacy Judgment.

Continue Reading Genesis of (True) Data Protection Framework for India