Introduction: Rejection of State Dominance and Emergence of Data Act

• In August 2017, the Supreme Court of India rejected a chilling argument for state dominance over individuals’ lives, upholding the fundamental right to privacy.
• The court mandated the introduction of a data protection law, which culminated in the Digital Personal Data Protection Act, 2023 (Data Act).
• However, experts argue that the Data Act undermines transparency, accountability, and data protection.
• The act’s provisions enable extensive data collection and processing, deviating from its purported purpose.

Digital India’s Misplaced Ideals: State Control and Techno Solutionism

• Prime Minister Narendra Modi’s “Digital India” initiative aimed to empower citizens through technology.
• However, Modi’s belief in techno solutionism, combined with the alliance of surveillance capital and welfare, has led to increased state power.
• The digital public goods built with citizens’ data fail to deliver on promises, tethering individuals with a digital leash.
• The Aarogya Setu contact tracing app and the Co-Win vaccination platform serve as examples where state-driven technology compromises citizens’ privacy and security.

Smart Cities Mission and Illusory Security

• The “Smart Cities Mission” emphasizes real-time data gathering through an “integrated command and control centre.”
• This initiative, behind schedule and extended, raises questions about the promised benefits of enhanced safety and intelligence in cities.
• Increased surveillance measures, like social media communication hubs and a national facial recognition system, are legalized under exceptions in the Data Act.
• Instead of safeguarding citizens, the act penalizes marginalized groups for incomplete or incorrect data submission.

Government’s Perspective: Trust in the Data Act

• The government argues that the Data Act is a new social contract for participation in a digital society.
• However, due to its vague nature, the act’s appeal leans towards partisan allegiance rather than constitutional rights.
• The notion that the act will improve with experience overlooks the potential for democratic erosion.
• Recent legislation, like the Criminal Procedure (Identification) Act and the Registration of Births and Deaths (Amendment) Act, establishes centralized databases that infringe on fundamental rights.

Private Sector Involvement and State Command

• The Data Act’s influence extends to the private sector, with financial objectives tied to India’s digital sector growth.
• The act allows ministerial discretion and empowers the government to grant exceptions or file complaints, echoing aspects of China’s National Intelligence Law.
• This centralized control impacts India’s digital market and risks economic growth.
• The development coincides with declining global rankings for economic liberty.

Citizens’ Position: A Dystopian Reality

• In the face of the Data Act, Justice D.Y. Chandrachud’s warning about the consequences of a society networked on biometric data comes to fruition.
• The Data Act’s emergence fulfills this dystopian vision, and incremental amendments will not mitigate state coercion.
• A comprehensive constitutional revision is required to combat digital authoritarianism and protect citizens’ liberties.

Conclusion: Towards Constitutional Reboot

• The Data Act represents a dangerous expansion of state control over citizens’ lives, privacy, and data.
• Despite its purported aims, the act undermines transparency, accountability, and individual rights.

To counter the encroachment of digital authoritarianism, India needs a broader constitutional overhaul that safeguards citizens’ freedoms in the digital age.