Delhi HC Today(3rd April), disposes of PIL for travel companies’ data confidentiality, advises petitioner to approach authorities. Concerns raised over collection of personal data by foreign firms, some allegedly owned by Chinese investors.
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NEW DELHI: The Delhi High Court today took steps to address concerns regarding data confidentiality for travel companies. A Public Interest Litigation (PIL) was filed, urging the court to direct the Indian government to ensure the protection of data collected by these companies. However, the court suggested that the petitioner first make a representation before the relevant authorities.
The bench, comprising Justice Manmohan and Justice Manmeet Pritam Singh Arora, highlighted a crucial procedural lapse by the petitioner, noting-
“The petitioner, who represents themselves, has not submitted any representation to the Union of India.”
They added-
“Consequently, this petition is disposed of with liberty to the petitioner to raise the grievance with the Union of India.”
The plea, initiated by Advocate Ashwini Kumar Upadhyay, a prominent BJP leader, concern over the collection and potential misuse of personal data by foreign travel companies. Upadhyay’s petition underscored the vulnerability of a wide array of individuals, including “lawmakers, Ministers, Judges of the Supreme Court and High Court, defense Personnel, Civil Servants and their family members,” whose data could be at risk.
By disposing of the PIL, the Delhi High Court has set for further deliberations on the issue of data confidentiality for travel companies. It is expected that the petitioner will pursue the matter with the Union of India to address the concerns outlined in the plea. The court’s decision also highlights the significance of protecting citizens’ data and complying with data protection laws, particularly in the context of sensitive personal information such as Aadhar and passport details.
In its argument, the plea referenced the landmark judgment in the Justice Putaswamy Case, which reaffirmed the right to privacy as a fundamental right under Article 21 of the Constitution. Following this, the Data Protection Committee, led by Justice Srikrishna, labeled government-issued identity cards as sensitive personal data, necessitating robust processing laws.
Citing the Digital Personal Data Protection (DPDP) Act of 2023, specifically Section 3, the provisions of the Act apply to the processing of digital data, regardless of whether it is conducted within or outside the territory of India, if the goods or services are offered to data principals within India. In light of this, the plea argued that it is the responsibility of the government to seek clarification from travel companies, especially those with foreign ownership, regarding their data protection measures.
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As the case progresses, it will be ensure that travel companies, both domestic and foreign, adopt robust measures to safeguard the privacy and security of the data they collect. This will not only protect the individual rights of citizens but also contribute to building trust in the travel industry.
