PIL in Delhi HC by BJP leader Upadhyay demands privacy safeguards for individuals’ data collected by travel companies, citing concerns over confidentiality of personal information.
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NEW DELHI: Recently, A Public Interest Litigation (PIL) has been filed in the Delhi High Court, demanding measures to safeguard the privacy of individuals whose data is collected by travel companies, including foreign entities, during the booking process.
The petitioner, Advocate Ashwini Kumar Upadhyay, a prominent BJP leader, has raised concerns over the confidentiality of personal details such as name, address, phone number, AADHAAR, passport information, and other sensitive data collected by these companies.
Highlighting of the situation, Advocate Upadhyay pointed out-
“The Foreign Travel Companies gather not just the information of ordinary citizens but also the personal details of legislators, ministers, Supreme Court and High Court judges, military personnel, government officials, and their families.”
The petition reveals another aspect of the corporate world, where several travel companies operating in India are “partially or fully owned by Chinese investors.” This concerns about the potential misuse of sensitive data, specifically Aadhar and passport information, which are essential for the identity and security of Indian citizens.
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The landmark judgment in the Justice Putaswamy Case, the petition reinforces the Supreme Court’s declaration that the right to privacy is a fundamental right under Article 21 of the Constitution.
The plea also references the recommendations of the Data Protection Committee, led by Justice Srikrishna, which categorizes government-issued identity cards as sensitive personal data necessitating robust protective laws.
“Therefore, it is the duty of the Centre to seek clarification from travel companies and particularly from foreign companies on data protection measures,”
– the petition adds.
The plea highlights the significance of the DPDP Act 2023, specifically Section 3, which states that the Act applies to the handling of digital data, irrespective of where it is processed, as long as the services are provided within India. This provision emphasizes the expansive scope of data protection regulations, intended to protect the rights of Indian citizens from multinational corporations.
Advocate Upadhyay’s petition proposes a proactive solution, urging the Central Government to secure written undertakings from travel companies, especially those based overseas, to ensure the confidentiality of citizens’ data. Moreover, it calls for these entities to adhere to the DPDP Act 2023 “in letter and spirit,” signifying a holistic approach to data privacy.
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