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Government Privacy Your Rights Online

India's Top Court Rules Privacy a Fundamental Right in Blow To Government 182

India's top court unanimously ruled on Thursday that individual privacy is a fundamental right, a verdict that will impact everything from the way companies handle personal data to the roll-out of the world's largest biometric ID card program. From a report: A nine-member bench of India's Supreme Court announced the ruling in a big setback for the Narendra Modi-led government, which argued that privacy was not a fundamental right protected by the constitution. The ruling comes against the backdrop of a large multi-party case against the mandatory use of national identity cards, known as Aadhaar, as an infringement of privacy. There have also been concerns over breaches of data. Critics say the ID cards link enough data to create a comprehensive profile of a person's spending habits, their friends and acquaintances, the property they own and a trove of other information. "This is a blow to the government, because the government had argued that people do not have a right to privacy," said Prashant Bhushan, a senior lawyer involved in the case.
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India's Top Court Rules Privacy a Fundamental Right in Blow To Government

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  • I don't get it. (Score:1, Redundant)

    by nospam007 ( 722110 ) *

    "There have also been concerns over breaches of data. Critics say the ID cards link enough data to create a comprehensive profile of a person's spending habits, their friends and acquaintances, the property they own and a trove of other information"

    Well these can also be obtained by a breach of a front-door, should we then forbid front-doors as well?

    Criminals commit crimes, you can't stay in the past out of fear, just put them in jail when it happens.

    • by dave4 ( 5038527 )
      Would you trust the Indian government with a complete profile of your every move or transaction?
      • Re: (Score:3, Insightful)

        by maelkum ( 4440121 )

        Would you trust any government with a complete profile of your every move or transaction?

        Here, FTFY.

        • by Anonymous Coward

          Google amazon nsa the war is over and privacy lost

          • They're not government, but they have more insidious powers. For instance, they're not required to grant access to anybody who wants it, since they're private companies. But in reality, they are the place most people are, so denying people access is a de-facto denial of facilities based on things like their political viewpoint.

            • by epyT-R ( 613989 )

              Ever heard of NSLs? They come with gag orders, too, so if a private company is so served, they cannot talk about it.

        • Would you trust any government with a complete profile of your every move or transaction?

          Here, FTFY.

          Yes I would. There are plenty of governments out there which are ruled by the people rather than the other way around. There are plenty that don't have incredible sizeable armies. There are plenty that haven't degenerated into a 2 party fuck the voters systems. There are plenty that still aim to please the people.

    • by msauve ( 701917 )
      "Well these can also be obtained by a breach of a front-door, should we then forbid front-doors as well?"

      Major non-sequitur. You're in control of your front door, not someone else. Make it as secure or insecure as you wish. Unlike a data breach, breaching a front door requires physical presence - come busting through and expect to get shot. A single breach of a government databank exposes millions of records, making it an attractive target. Breaching millions of front doors would be a lengthy, resource int
  • by K. S. Kyosuke ( 729550 ) on Thursday August 24, 2017 @07:47AM (#55074409)

    No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

    India ratified this. [wikipedia.org] So what's the big deal, Modi?

    • by Anonymous Coward on Thursday August 24, 2017 @08:17AM (#55074509)

      Nice of the Indian Supreme Court to rule in such a correct manner, and good luck to the people in India in taking their privacy back. Now if the US Supreme Court would just do so we can be rid of a whole lot of problems here.

    • I ain't no lawyer, but I bet that word "arbitrary" leaves a lot of wiggle room.

      • Yeah, and that "attacks upon honour and reputation" clause sounds like a trap for suppressing the criticism of leaders and any other speech that they do not like. Let's not break out the party hats just yet.
      • by dryeo ( 100693 )

        It's kind of like "reasonable" in the 4th, open to interpretation. Shit, even things like the 1st are open to interpretation, you have free speech as long as we can't argue national security or as long as it doesn't hurt a child are a couple of exceptions to the rule that Congress can make no law infringing on speech.

  • Amazing (Score:4, Interesting)

    by Nocturrne ( 912399 ) on Thursday August 24, 2017 @08:21AM (#55074527)
    A court in a 3rd world country, full of people that worship cows, is able to make better decisions than the US. Really sad...
    • Re: (Score:2, Insightful)

      by Anonymous Coward

      ... is able to make better decisions ...

      The judiciary of India is able to recognize that their bureaucrats (and possibly, their corporations) are untrustworthy, instead of blaming it on imaginary leftist provocateurs.

    • by Anonymous Coward

      Please learn what "first world", "second world", and "third world" actually mean.

      • by Anonymous Coward

        Third World originally meant countries not allied with either the Soviet Union or the USA.
        Later, it took on the meaning of a dirt poor country, typically in the tropics.
        By *either* definition, India is the definition of THIRD WORLD.

    • Re:Amazing (Score:5, Insightful)

      by Opportunist ( 166417 ) on Thursday August 24, 2017 @09:09AM (#55074699)

      Why shouldn't a 3rd world country worshiping cows make better decisions than a 3rd world country worshiping a corpse nailed onto two poles? Just because the latter has nukes? So does the former.

    • cows give milk and meat.

      what has jesus done for any of us, lately?

      personally, I pray to joe pesci. that baseball bat is amazingly effective.

    • Indians (specifically Hindus) do not worship cows, the cow is revered, for its milk. Revered != Worship. Nevertheless it is a positive sign that India takes its democracy and its citizens' privacy seriously.
  • Just wondering... (Score:5, Interesting)

    by hyades1 ( 1149581 ) <hyades1@hotmail.com> on Thursday August 24, 2017 @08:22AM (#55074535)

    Is this the first time a large, democratic government has expressly considered meta-data in a ruling?

    • Depends on how you define large. The Australian courts have made a few rulings regarding the use and collection of meta-data over the past 2 years.

  • I'm actually pretty surprised, and happily so! Now, if only some Western countries' courts would smarten up!
  • There goes Facebook's last great hope of rounding up another billion users. According to "Chaos Monkeys: Obscene Fortune and Random Failure in Silicon Valley" [amzn.to] by Antonio Garcia Martinez, Facebook only has 2B users left on the planet to sign up before user growth slows to a crawl as the remaining users are in places too remote for the Internet. Whether logged in or browsing anonymously, Facebook combines its own data with third-party demographic data to identify each user. India's privacy ruling might make t
    • Most Indians use WhatsApp - those not held back on ancient Nokia or Ericsson phones, so FaceBook has its opening, one way or the other
  • by Rick Schumann ( 4662797 ) on Thursday August 24, 2017 @11:54AM (#55075661) Journal
    A country of more than 1 BILLION people just had their highest court rule that people's privacy is a BASIC HUMAN RIGHT; SCOTUS, I AM LOOKING AT YOU RIGHT NOW.
    • A country of more than 1 BILLION people just had their highest court rule that people's privacy is a BASIC HUMAN RIGHT; SCOTUS, I AM LOOKING AT YOU RIGHT NOW.

      Why are you looking at SCOTUS? Look at Congress. Courts really aren't supposed to make the law, just apply it. The fact that SCOTUS has overreached in the past -- and sometimes done good things by overreaching -- doesn't mean it's not overreaching and a violation of the Constitutional separation of powers.

      • I'm looking at SCOTUS because that's where the issue will inevitably lead. Big Business wants uninhibited rights to sift through our entire lives; they'd have cameras and microphones in our bedrooms if they thought they could get away with it, and make money from whatever 'information' they got there. Spook-types and LEOs would love that, too, 'for reasons of public safety' and 'for reasons of national security' and other such bullshit reasons. If/when/finally the American public wakes the hell up and sees
  • Yet another nation puts the US to shame on these issues.

  • It is easy to blame a new system that can easily deliver a lot more than most of the systems in existence. Is it fool proof? No. Nothing is fool proof. Can it be made better? Sure. For any project, you need to execute operations pretty well to take care of day to day problems/inaccuracies. Most of the complaints have politically motivations, bias of India being third world country and can't do anything good in addition to ignorance of reality as motive. We may want it or not, every society is trying to gath

I tell them to turn to the study of mathematics, for it is only there that they might escape the lusts of the flesh. -- Thomas Mann, "The Magic Mountain"

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