Will the “Aam Aadami ka Adhikar AADHAR” shall now lead to mitigate privacy constraints??
Inventiva takes a view on the assertions which gained the interest on the predicament when the apex court move the notice against the social networking sites to soon look upon the subject matter of linking the Aadhar card with their social media profiles…
The subject acquired thrust when the Supreme court was moved by the High Court of Madras, Bombay and Madhya Pradesh in order to ascertain the plea on linking the Aadhar card to the social media platforms.
This Public Interest Litigation came from last year when a petition was filed so as to seek interlinking of the other databases with social media profiles in order to keep a strict control over the authentication of data which is being posted on the social networking sites.
The statement was further moved by the Tamil Nadu government in the supreme court over a notion that the social media profiles should be linked to the Aadhar numbers of the respective individual so as to cease and have a strict check upon the instance of fake profiling, pornography and that a stringent check could also be made on the regulation of the content being posted on the social networking sites.
Tamil Nadu government had called these social networking into question with the arising cyber crimes and has said that at this hour there is an urgent need to trace out the origin of certain irrational content which has been posted on line which could be then achieved with this methodology
Facebook Incorporation has abstained from the proposal and has responded stating that they are not supposed to disclose the Aadhar number of an individual due to privacy policy which they govern in their organisation. Ever since then the Facebook had made the statement, it has been a matter of debate on privacy especially considering the fact the supreme court had already ruled in its historical judgement that Aadhar card linking will remain unconstitutional to the services being offered to the individual and on that note validating the linking of Aadhar with social profiles does not seem to have strong ground.
Moreover,Facebook has argued saying that this in action would not go in compliance with the guidelines of the Constitution bench as per which there is no interpretation that has to be involved as of information technology act 2000 and other amendment Ordinance act 2019.
Apart from that even WhatsApp has refrained from this linking because according them they have an end to end encryption policy to which they certainly have neither any access nor any control over the manifestations. Facebook still seeks for the transfer of these petitions in higher court for prior considerations. Mukul Rohtagi who is the senior advocate for Facebook wanted to sort upon the hearing as of by September but when the advocate general of the state appeared oppose the adjournment, the High Court has decided to interim adjourn the hearing of the case until September 19.
Outcome of this litigation could indeed lead to a drastic change in the product design of these social media platform because the law enforcement energies Agencies wants that these companies to directly device mechanism to trace the originator of the messages or the content which is being posted on the social networking site. Facebook has taken it to be as an optional prompt for now.
Conclusion
Highlighted risk of privacy by sharing the information of Aadhar Card in a manner would lead to an utmost privacy risk in terms of customer and data information which could lead to individual profiling disaster.
Subject matter should indeed be deemed of high importance until or unless the incorporation and social media platforms do not come up with a strong valediction of this proposition prior its implementation, but still any concrete decision making is awaited.
