K.S. Puttaswamy (Interim Orders on Aadhaar) – Privacy and Surveillance Issues Beyond the Main Verdict

The Aadhaar case has been pivotal in India’s legal journey towards safeguarding privacy amidst rapid digital transformation. Before the final verdict in 2017, interim orders by the Supreme Court highlighted serious concerns about biometric data privacy and potential government surveillance.

During these interim proceedings, the court expressed caution against unchecked data collection by the state and private entities, warning that biometric identification could lead to misuse, discrimination, and a “surveillance state”. These early directions insisted on robust data security and minimal mandatory use of Aadhaar to prevent overreach.

The Aadhaar saga exposed significant gaps in India’s data protection framework and influenced ongoing policy discussions leading to the Personal Data Protection Bill. These interim orders emphasised the importance of limiting state surveillance and protecting citizens’ fundamental right to informational privacy.

Mullick & Co. Advocates keeps a close watch on evolving data privacy laws and advises clients to build compliance frameworks that protect sensitive information while harnessing technology’s benefits. Our legal counsel helps balance innovation with privacy rights in a transforming regulatory landscape.