Privacy of citizens matters when it comes to sharing and storing of information by private entities such as WhatsApp and Facebook, argued the Centre on Friday before a Constitution Bench, daring to take a stand contrary to its position in the Aadhaar case where it denied recognising such a right under the Constitution.
The five-judge bench which is hearing a petition by two law students challenging the change in the privacy policy of WhatsApp which allowed user information to be shared with Facebook asked the Centre for its view, particularly since the Government had informed the Court of its decision to introduce a Data Protection law.
Appearing for the Centre, Additional Solicitor General PS Narasimha said that the data of citizens possessed by social media platforms is "intimate to the individual. "It is not a data on mere paper but it forms an integral part of Article 21 (Right to life) as a citizen's personality is reflected in that data," he said, adding, "Since this data is an integral part of one's life, it impinges on Article 21."
The Bench decided to take up the matter on September 6, when a decision by the nine-judge bench is expected to come.