On day 2 of the hearing of petitions challenging the constitutional validity of Aadhaar, the Supreme Court questioned the petitioners that if they can share their personal data with private players such as Apple, then what is the problem with sharing the same with the government. Supreme Court judge, Justice D.Y. Chandrachud said that if most citizens don’t care about sharing their personal data with private companies, then how it is qualitatively different when the State wants to have the same data. Justice Chandrachud gave the example of devices that utilize fingerprint identification technology to allow access to the rightful owner. He said that the moment a user puts their thumb on such devices, their data instantly gets shared with the respective service provider.
Justice Chandrachud also gave the example of the time when a user is booking online flight tickets, in which case, their data is accessed by hundreds of websites through search engines, based on which, the search results are displayed. “You have surrendered your personal life to private parties, but here we are saying that State should be restricted from having it,” asked Justice Chandrachud to senior advocate Sajan Poovayya, who is representing the petitioners. Poovayya did not have any good reply, which prompted him to divert the topic. Poovayya then shifted the topic towards security aspects in a bid to make his argument look relevant. The arguments will continue tomorrow as well.