The government is in no mood to let the Opposition walk over it with the claims that the Supreme Court verdict on right to privacy is a setback for itself.

After keeping quiet till the afternoon, the government’s first counter came from Law and IT Minister Ravi Shankar Prasad, who addressed the media with proof that what the apex court said on Thursday is something which Finance Minister Arun Jaitley had already told the Rajya Sabha while introducing the Aadhaar Bill.

The government welcomes the judgment, said Prasad. There is a clear directive to privacy as a fundamental right, but there are conditions too, he pointed out.

The judgment reads that personal liberty is not an absolute right but liable to the restrictions provided in the Constitution, which will be ‘examined on a case to case basis’, he said, adding that “the government is of the clear opinion that its legislations are compliant with the tests laid down in the judgment.”

On data protection, quoting the judgment, Prasad said: “The Supreme Court has stated that ‘…requires a careful and sensitive balance between individual interests and legitimate concerns of the State. The legitimate aims of the State would include for instance protecting national security, preventing and investigating crime, encouraging innovation and the spread of knowledge, and preventing the dissipation of social welfare benefits.’ The government is committed to this object.”

On asked what the judgment would mean to Facebook, Google and WhatsApp, Prasad said the government does not give the right to release data to anyone, except in case of compelling public interest.

Law of land “I am very happy that all the big international companies are coming to India in a big way. There is Google, Facebook, WhatsApp...they are all welcome. But, these giants should follow the law of the land,” he said.

Prasad reiterated that Aadhaar data is safe and none can access it; and in situations where it is required to be accessed, there are enough checks and balances. Nevertheless, the government is working on ‘robust’ data security and erecting strong cyber walls, and there is a high-level committee also working on it, he added.

The Minister further said the committee on data protection is expected to submit its recommendations by the end of this year. The government had constituted the 10-member committee to recommend a framework to secure personal data in an increasingly digitised economy, as also to address privacy concerns and build safeguards against data breaches.

And, according to sources, depending on the nature of the recommendations of the committee, the government is open to framing a separate law, if required, or introducing regulations under the IT Act.

Legislative support Not letting go of an opportunity to take a jibe at the Opposition, mainly the Congress, Prasad said: “The UPA government had introduced the Aadhaar scheme without any legislative support. It was in that context that the question of the UPA’s Aadhaar scheme was challenged before the judiciary. The NDA government ensured that necessary legislation was approved by Parliament.”

Click here to read full statement (PDF)

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