SC enshrining privacy as fundamental right is a milestone: Rajeev Chandrasekhar at India Today Conclave Next 2017
BJP MP Rajeev Chandrasekhar has long been a champion of digital rights, and it’s this side of this parliamentarian-cum-media mogul that came across in his keynote address at India Today Conclave Next 2017 in New Delhi today.
Speaking at the conclave that’s exploring various aspects of technology, governance, social media, digital rights and online workplace, Chandrasekhar reminded everyone that he was one of the first parliamentarians to fight for the rights of consumers – digital ones at that – and urged the government of the day – UPA2 – to look beyond its “command and control” culture.
The transformation of India from one of the largest unconnected nation to one of the biggest online nations, at 30 crore digitally connected citizens, or 300 million, has been what Digital India is all about, Chandrasekhar asserted.
Digital policy advocacy that has been at the core of my political career. Watch live https://t.co/uD52TpzkW1 #CONCLAVENEXT17 #DigitalIndia pic.twitter.com/aICFTvEAwS
— Rajeev Chandrasekhar (@rajeev_mp) November 7, 2017
Curently 1/3 Indians use Internet. As more Indians come ol, privacy issue wl be compounded. Watch live https://t.co/uD52TpzkW1 #DigitalIndia
— Rajeev Chandrasekhar (@rajeev_mp) November 7, 2017
India has been catalysed online, he said, adding that this has also brought to fore challenges peculiar to the age. Issues like privacy, data protection, consumer and digital rights, etc, have been on his agenda since 2010, when he tried floating in a private member bill on privacy, but which never saw the light of the day.
I introduced a Private Member's Bill on #RightToPrivacy way back in 2010. Watch live https://t.co/uD52TpzkW1 #CONCLAVENEXT17 #DigitalIndia pic.twitter.com/t1l3L10G0D
— Rajeev Chandrasekhar (@rajeev_mp) November 7, 2017
Chandrasekhar criticised what he called the “canned narrative” on Aadhaar during the UPA era, in which a “rush for numbers” sacrificed crucial issues like privacy and security. Aadhaar, he said, was/is the classic example of bureaucracy pushing tech without taking into account the attendant concerns.
During UPA, Sec66A and Aadhaar had no protection for Digital consumers. Watch live https://t.co/uD52TpzkW1 #CONCLAVENEXT17 #DigitalIndia pic.twitter.com/1Q578XhaQb
— Rajeev Chandrasekhar (@rajeev_mp) November 7, 2017
Consumer rights was never part of public policy until now, Chandrasekhar said, when he mentioned legislations like RERA (Real Estate Regulation Act) are seeing an impact that’s benefitted the ordinary consumers. He said that failing to see citizens as consumers had been at the heart of the “command and control” culture, but technology disrupts that relationship between the government and the governed.
UPA-era Aadhaar had issues
Chandrasekhar said that the related issues of Section 66A, Aadhaar and privacy all involved freedom of expression, autonomy, security and digital security. However, he etched the ark from UPA to NDA when he said on these issues, not governments but the courts were taking the leaps, spreading awareness and passing orders that expand and augment our fundamental rights.
UPA's #Aadhaar was terribly designed, loosely verified & 1000s of crores of public money was spent w/o legislation. #CONCLAVENEXT17
— Rajeev Chandrasekhar (@rajeev_mp) November 7, 2017
He added that it’s extremely important to have these conversations in mainstream and social media, saying that in the beginning, traditional print and TV media were not responsive to, or understanding of, the issues here that were at stake in the digital world. But with more Indians coming online and digital platforms forming the big part of media, the conversation has exploded and privacy issues are being appreciated as well as talked about.
Digital rights coexist with national security
Chandrasekhar quoted US president Barack Obama to say that often digital rights are dismissed and deflected by talking about national security, and that’s wrong. That national security must coexist with privacy and freedom of expression is something that Chandrasekhar passionately avowed, adding that he has been always for net neutrality, privacy, data protection, and related issues that are emerging now as India becomes an online nation.
SC verdict wil hav far-reachin implictns on d way data is collectd,managd n used by govt or pvt entities. Watch live https://t.co/uD52TpzkW1 pic.twitter.com/ax0sqUpMOV
— Rajeev Chandrasekhar (@rajeev_mp) November 7, 2017
SC judgment a milestone
On the latest Supreme Court judgment enshrining privacy as a fundamental right, Chandrasekhar was all praise for, adding that he has been a petitioner against Aadhaar since 2013. He added that SC’s verdict turning privacy as a fundamental, not absolute right, that is with reasonable restrictions, was a milestone with implications both in the online and offline world. Not only for digital rights, on matters like Section 377, SC verdict would go a long way in bringing in progress and justice.
Privacy not an elitist issue
Chandrasekhar asserted that privacy isn’t an “elitist” issue, as was described by the attorney general of India when he represented the Centre is saying that privacy wasn’t a fundamental right and citizens didn’t have absolute rights to their body.
He also mentioned that much like in the case of the CDR controversy, in which the phone of the 2011-12 Leader of Opposition (Arun Jaitley) was tapped, breach of online data must be made into a criminally liable offence. Chandrasekhar said that data collected by companies and commercial or governmental entities must be secure, and any breach, leak or dissemination without express consent of the consumer citizen must be taken very seriously.
He hoped that the Data Protection Bill would be addressing all these issues, and expressed hope in Digital India that would respect its citizens-consumers’ privacy as a fundamental right.