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Following the Puttaswamy judgment (2017), the Digital Personal Data Protection Act, 2023 was enacted to operationalize privacy rights. Which principle from Puttaswamy is central to this legislation?
- Absolute prohibition on data collection
- Proportionality test balancing privacy with legitimate state/business needs
- Complete exemption for government data processing
- Mandatory public disclosure of all personal data
Answer: Proportionality test balancing privacy with legitimate state/business needs
Puttaswamy (2017) privacy and DPDP Act, 2023: (a) Puttaswamy holding: (i) Right to privacy intrinsic to Article 21; also part of Article 19 freedoms, Article 14 equality, (ii) Privacy subject to proportionality test: Restrictions must pursue legitimate aim, be rationally connected, necessary, balanced, (iii) Three dimensions: Spatial, decisional, informational privacy, (b) DPDP Act, 2023 operationalization: (i) Lawful purpose: Data processing must have legitimate aim (proportionality's legitimate aim step), (ii) Consent: Free, specific, informed, withdrawable consent required (with exceptions for state functions), (iii) Data minimization: Collect only necessary data, retain only as long as needed (proportionality's necessity step), (iv) Balancing: Benefits of data processing must outweigh privacy intrusion (proportionality's balancing step), (c) Applications: (i) Digital governance: Aadhaar, UPI, DigiLocker must comply with DPDP principles, (ii) Corporate compliance: Tech companies, banks, healthcare providers adapt data practices, (iii) Citizen empowerment: Awareness of rights, consent mechanisms, redressal procedures, (d) Rationale: (i) Calibrated balancing: Proportionality enables nuanced assessment of privacy restrictions, not absolute prohibition or unlimited data collection, (ii) Rights protection: Ensures data processing justified, not arbitrary; core privacy protected against disproportionate intrusion, (iii) Innovation enablement: Enables digital innovation while protecting privacy rights through calibrated safeguards, (e) Illustrates adaptive constitutionalism: Puttaswamy's proportionality test operationalized through DPDP Act; enables balanced approach to digital governance, privacy protection in evolving technological context.