Transcript for:
Data Privacy and Rights in India

digital arrest if you do not have a valid Aadhaar card then you will not be able to file an income tax return in a key amendment to the finance bill the government has made it mandatory for taxpayers to state the number of their Aadhaar cards in their returns similarly an Aadhaar card is a must for a PAN card application an IT return file without a valid PAN card number will be deemed invalid an Aadhaar enrollment number can however be used for filing a return as an interim measure now let's take a look at what's happening in the world of tech essentially in India in what has been described as possibly the biggest case of data leak in India personal details of more than 815 million Indians have been put out for sale on the dark web just to give you some context here India's total population is a little over 1.486 billion people the breach was brought to light by a hacker known as PWN01 now this hacker shared spreadsheets containing four large leaked samples with fragments of Aadhaar data as proof one of the leaked samples contained around 100,000 files with personal details of Indian citizens the initial discovery of the data breach was made by resecurity a US-based cyber security solutions and services provider the data is believed to have been sourced from the Indian Council of Medical Research database commonly known as ICMR icmr had collected the personal details of individuals during its CO 19 testing rights as trumps privacy trumps everything else privacy trumps government business interests why because that's how you protect individuals from potential exploitation what we are seeing today in India is horrifying citizens who worked you know very hard throughout their life paid their taxes paid their dues trusted the bank trusted the government just one minute all their money gone and then they blame themselves not the government why because And while popular Indian audio product and smart watch maker boat is the latest victim of a cyber attack personal information of more than 7.5 million customers is now available on the dark web as per reports the leaked data is now available on the dark web and is being sold for as low as $2.17 the leaked data includes sensitive information such as name address contact number email ids customer ids according to reports a hacker known as Shopify Guy is behind the attack the hacker claims to have accessed the company's database on the 5th of April experts believe the affected customers are at a higher risk of financial fraud fishing scams and identity theft the company is yet to issue an official statement regarding the hacking incident thank you so much across India millions are losing their lives hard work to these online fraudsters and the saddest part is they all blame themselves they think that they are at fault please understand it is not your fault we live in a country where foreign companies they are given free access to use our personal information as they like just look at LinkedIn linkedin today is blatantly and shamelessly asking you to verify your identity through Digi Locker this data which was supposed to be safe is now held not just by a private company but also by a foreign company this very same company it was fined €300 million for misusing personal data a few months ago personal data of 7.5 million customers of a company led by Aman Kupta it was leaked on dark web do you know what our government did they awarded the founder with creator of the year award [Music] why do you think that happened i mean that family changed forever you know people can claim that um how can you trust phone number but there are many kinds of citizens in our country they operate on trust random call that your daughter is engaged in such activities and this could be anyone there's no end to it in times to come just a few months later you know you will see in fact actual cloning of your voice when these scams undertake and under stress pressure parents could do whatever who knows what's the reason are we at fault what's happening the reason is there is absolutely no privacy left in our country the CEO of boat he's the national award for whatever whatever boat was sharing you know leaking his company was leaking the data and he's not alone there are many no privacy left other numbers scammers can tell you the exact Aadhaar number that you have why because our personal details are out in the open what is happening are we at fault or something is wrong from government side because I have been in Europe things were very different whichever website I operated I was given many options to use that totally LinkedIn is asking each one of us to refurbish our Aadhaar data or motor ID number or whatever but L cannot do that in Europe why is this happening tomorrow when scams take place you know when your entire life saving is gone police officials who are supposed to protect you government that's supposed to protect you for which they take your access they will tell you you are an idiot and lot of shame name many of us may not even talk about this why does this happen this happens when we do not value individual privacy this happens when there is no adequate protection for your privacy this is where I need to talk about a concept called rights as trumps anyone heard of this term rights as trumps does it mean that rights are more important than other things every other thing yes rights as trumps popularized by a philosopher called Ronald Dawin imagine 1960s '7s in his country that was a time when governments around the world they were expanding their control over people's lives a tension was growing between individual freedoms and states pushed for security order efficiency the way we have today government in the garb of anything is taking your data can't protect that data it was in this context he argued that individual rights should act as trumps over collective goals what does that mean he believed that individual rights are not just as you know random rights they are non-negotiable involvable this means that they should trump they should outweigh collective goals they should outweigh economic efficiency the way we see in the case of Aadhar whenever there's conflict that should be the case so he was basically saying that our rights should come first even if it's inconvenient for the government darkin believed that rights protect our autonomy our dignity see when we don't have that right to privacy what's happening our dignity is going autonomy not there rights are very critical rights are shields guarding individuals from being sacrificed for the greater good in our case it means what it means data your data your privacy should not be compromised just because it might be easier for the state to do something possibly track everyone so that they can also target the audience show you relevant advertisements by the way these days governments are those platforms that splurge money on advertisements in European Union they implement something called GDPR General Data Protection Regulation anyone heard of it it's a law that gives people control over their data anyone worked lived in Europe must have experienced that gdpr in a way gives people control over their own data it treats privacy as a fundamental rights in truest sense gives individuals control over how their data is used if a company collects your information you have the right to know why how long will it be stored and even demand that it should be deleted unlike our national creator from Shark Tank and his board company can't protect the data rights as trumps privacy trumps everything else privacy trumps government business interests why because that's how you protect individuals from potential exploitation what we are seeing today in India is horrifying citizens who worked you know very hard throughout their life paid their taxes paid their dues trusted the bank trusted the government just one minute all their money gone and then they blame themselves not the government why because Modi Modi did it something you know you would have thought about that in India although you know Supreme Court recognized privacy as the fundamental right in 2017 but current data privacy framework it's it does not have the iota of strength of GDPR the proposed personal data protection bill it allows government significant access to personal data because national security and everything for them and who can debate national security and in the guar of national security government controls many aspects of your lives so government claims to protect privacy in practice we all hear all these terms privacy privacy we have that you don't even have control you know until unless you do a WhatsApp call anyone can listen to your call in reality what would Dwarkin think of India's privacy laws according to Dwarkin true privacy protection means your data should not be open to the state just because it says it's security rights are there to protect your autonomy your dignity not to be traded off in black market or dark web darkin was not the only one talking about rights think about John Lockach one of the earliest liberals he argued right to life liberty property natural rights no government can infringe upon these rights if Modi was there he would have said listen there is national security i should take all your rights it was the Loian idea that influenced the American revolution the French Revolution forms a basis of liberal democracy but today I think the word liberal itself in India has become an abusive term in reality they're talking in your favor and your own benefit but here random folks becoming spokesperson for Adhani from Bani anyone who disagrees with the idea of rights as Trumps no one disagree easily manipulated someone should disagree with this what is this coid9 pandemic or a pandemic like that again that time Modi will have an argument to protect public health and government needs data on people's movement health status contacts that's what he did and thereafter you see a rise in scams in India communitarians they will care more about the common good they will say that you know individual rights should be balanced with social responsibilities they may argue in times of pandemic common good might justify whenever you override individual privacy so this dwaren idea that rights as trumps it argues that rights like privacy should always have priority over collective goods as we saw in GDPR in European Union privacy in this case it trumps business interests government surveillance in India however privacy privacy is not even Hindu so how can you predict that or Muslim or whatsoever you think beyond cast you have to think beyond religion otherwise we'll continue to live in 16th century back in those days also similar conversations were happening Hindu Muslim pork cow that's it 21st century 22nd century that's how India will be write down this question discuss the doctrine of rights as Trump