Protecting Citizens From the State Post Puttaswamy: Analysing the Privacy Implications of the Justice Srikrishna Committee Report and the Data Protection Bill, 2018

Abstract

In this paper we seek to conceptualize the right to privacy and its implications from the State and private actors, post the Puttaswamy judgment. We then examine the draft Personal Data Protection Bill, 2018 submitted by the Justice Srikrishna Committee and evaluate how it has fared in regulating the actions of the State relative to the private sector, with a broad focus on consent, surveillance, and the interaction between the State and private sector including the ability of the latter to deny data requests of the former. Finally, we emphasize the implementation challenges of a legislation given the weak state capacity in India, focusing on regulation making and enforcement, and highlight that both give substantial power to the State (as regulator) over its regulated entities. We argue that considering the privacy concerns against State action, the challenge to implementation in the area of personal data may only get exacerbated.

Keywords: Privacy, Puttaswamy, Justice Srikrishna, Data Protection, Personal Data Protection Bill, 2018,India, State Capacity, Regulation

JEL Classification: K10, H10, Z18, K40