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As political parties tried to claim one-upmanship following the Supreme Court verdict on right to privacy, noted lawyer Prashant Bhushan said: “The judgment does not say anything about Aadhaar.
“It will have to be tested on ground to assess whether it breaches the right to privacy.”
The most important takeaway of this verdict is that it has overruled the infamous habeas corpus judgment delivered during Emergency, he told BusinessLine.
Bhushan, who is also party to the petition, said the verdict asserts that right to privacy is a fundamental right.
Now, any law which is made to restrict the fundamental right will have to be reviewed keeping this verdict in mind, he observed.
The verdict has not defined privacy, but has given enough examples, he stated.
Asked whether this will also have a bearing on the privacy issues being raised on Google, Facebook and other internet media, Bhushan said: “These are personal stuff...personal preferences of individuals.
“No one is being forced to be on those platforms.”
Relevant usageAs regards the use of Aadhaar, he said: “In my view, if it is being used for social benefit schemes, it is fine. And this is what the government is doing at present. But if it is being used for travel — say railway tickets and other stuff — then it will be illegal.”
Asked about the instances of data being shared by banks with telecom operators to solicit customers, he said: “There is no law here. This is illegal.”
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