WhatsApp username debate brings informational privacy to the fore, Pg12

Key Highlights:

• WhatsApp's new optional 'username' feature aims to enhance user privacy by preventing phone numbers from being accessed by unknown contacts.
• The Ministry of Electronics and Information Technology (MeitY) has expressed apprehension that this feature could lead to an increase in cybercrime.
• The debate centers on informational privacy, which the Supreme Court recognized as a facet of the fundamental right to privacy under Article 21 of the Constitution.
• The username feature has been publicly announced but is yet to be rolled out in India.

Detailed Insights:

• The Supreme Court, in its August 2017 judgment in the Justice K.S. Puttaswamy case, ruled that informational privacy is protected under Article 21, extending to threats from both state and non-state actors.
• MeitY communicated concerns to WhatsApp, listing potential cybercrimes such as online fraud, phishing, digital arrest scams, and identity spoofing.
• Critics argue against government intervention in lawful feature launches without a clear statutory basis.
• The government may justify its communication by citing legitimate aims of protecting national security and public welfare.
• The Justice K.S. Puttaswamy case also established that any privacy encroachment must be justified by a fair law, a legitimate aim, and satisfy the test of proportionality.
• The Supreme Court, in the Anuradha Bhasin case, highlighted the need to balance liberty and security, stating that neither should compromise the other.

Key Concepts Involved:

• Informational Privacy: The right of individuals to control the collection, use, and disclosure of their personal data.
• Article 21: A fundamental right in the Constitution of India guaranteeing the right to life and personal liberty, which includes the right to privacy.
• Justice K.S. Puttaswamy case: A landmark 2017 Supreme Court judgment that affirmed privacy as a fundamental right under Article 21.
• Ministry of Electronics and Information Technology (MeitY): The nodal government agency responsible for policy, promotion, and development in the electronics and IT sectors in India.