Kerala High Court Demands Transparency on Data Protection Board Formation
The Kerala High Court has issued a significant directive to the Union government and the Ministry of Electronics and Information Technology (MeitY), compelling them to ascertain whether the Data Protection Board of India has been formally constituted under Section 18 of the Digital Personal Data Protection Act, 2023. This judicial intervention comes in response to a public interest litigation (PIL) that raises critical concerns about the protection of passengers' personal data collected at airports through digital systems, including the widely used Digi Yatra platform.
Judicial Bench and Petitioner Details
A bench comprising Chief Justice Soumen Sen and Justice V M Syam Kumar presided over the case, which was initiated by social activist and environmentalist C R Neelakandan. The court has mandated that if the Data Protection Board has indeed been established, its complete constitution must be disclosed through an official affidavit. This move aims to enhance transparency and accountability in the implementation of data protection laws.
Key Directives and Proceedings
In addition to seeking confirmation about the board's formation, the High Court has granted permission to the petitioner to file a supplementary affidavit. This document should detail specific instances where passenger data confidentiality has allegedly been breached. The matter has been adjourned to March 19 for further hearing, allowing time for these submissions and government responses.
Petitioner's Core Demands
Neelakandan's PIL primarily seeks a directive to the Civil Aviation Ministry, Airports Authority of India, and MeitY, urging them to ensure strict compliance with the Digital Personal Data Protection Act, 2023, and the accompanying Digital Data Protection Rules, 2025. The petition emphasizes the need for robust safeguards to protect sensitive personal information collected from travelers at airports.
Interim Relief Sought
The petitioner has also requested an interim directive to restrain the Airports Authority of India from permitting any existing commercial licensees, concessionaires, service providers, or intermediaries operating at airports to share, commercially exploit, or make unauthorized disclosures of passengers' personal data to third parties. This highlights growing concerns over potential data misuse in the aviation sector.
Broader Implications
This case underscores the escalating importance of data privacy in India's digital landscape, particularly in high-traffic areas like airports. The Kerala High Court's proactive stance signals a judicial push for stricter enforcement of data protection norms, ensuring that technological advancements do not compromise individual privacy rights. The outcome could set a precedent for how personal data is handled across various sectors, reinforcing the need for regulatory compliance and oversight.
