Can the possibility of Aadhaar misuse become a ground to strike down the law? The Supreme Court which is hearing a batch of petitions that questioned the validity of Aadhaar observed that the possibility of misuse of the Aadhaar law cannot be a reason to strike it down.
The Bench observed that there are various judgments which state that mere apprehension of misuse cannot be sufficient reason to strike down a law. The observation came in response to senior counsel Kapil Sibal who said that Aadhaar has the potential of being misused by governments and private corporations.
Sibal also pointed out that no law can and should allow an individual's data to be put at risk in the absence of a technologically and safe environment. "Even voluntary parting of personal data to a private entity is only "notionally consensual. That is why we have pointed out (in the privacy judgment) the need for a proper data protection regime," the Bench observed.