(Dipak Misra, C.J. and A.K. Sikri, Amitava Roy, A.M. Khanwilkar and Mohan M. Shantanagoudar, JJ.)
Karmanya Singh Sareen & Anr. _____________________ Petitioner(s)
v.
Union of India & Ors. ___________________________ Respondent(s)
Petition(s) for Special Leave to Appeal (C) No(s). 804/2017, decided on September 6, 2017
(FOR application for directions and application for directions)
With
W.P.(C) No. 347/2017 (PIL-W)
The Order of the court was delivered by
Order
1. Mr. Tushar Mehta, learned Additional Solicitor General appearing on behalf of the Union of India has filed the Office Memorandum dated 31.7.2017 which is to the following effect:
“OFFICE MEMORANDUM
Subject: Constitution of a Committee of Experts to deliberate on a data protection framework for India.
The Government of India is cognizant of the growing importance of data protection in India. The need to ensure growth of the digital economy while keeping personal data of citizens secure and protected is of utmost importance.
2. It has thus been decided to constitute a Committee of Experts under the Chairmanship of Justice B.N. Srikrishna, Former Judge, Supreme Court of India, to identify key data protection issues in India and recommend methods of addressing them. The constitution of the group and terms of reference are as follows:
| a) | Justice B N Srikrishna, Former Judge, Supreme Court of India | -Chairperson |
| b) | Smt. Aruna Sundararajan, Secretary, Department of Telecom | -Member |
| c) | Dr. Ajay Bhushan Pandey, CEO, UIDAI | -Member |
| d) | Dr. Ajay Kumar, Addl. Secretary, MeitY | -Member |
| e) | Prof. Rajat Moona, Director, IIT, Raipur | -Member |
| f) | Dr. Gulshan Rai, National Cyber Security Coordinator | -Member |
| g) | Prof. Rishikesha T. Krishnan, Director, IIM, Indore | -Member |
| h) | Dr. Arghya Sengupta, Research Director, Vidhi Centrefor Legal Policy | -Member |
| I) | Ms. Rama Vedashree, CEO, DSCI | -Member |
| j) | Joint Secretary, MeitY | -Member Convenor |
3. Terms of Reference
a) To study various issues relating to data protection in India
b) To make specific suggestions for consideration of the Central Government on principles to be considered for data protection in India and suggest a draft data protection bill.
4. The Committee may co-opt other members in the Group for their specific inputs.
5. MeitY shall in consultation with the Chairperson and members collect necessary information and provide it to the Committee within 8 weeks of the date of this OM to enable it to start its deliberations on the subject.
6. The Committee shall endeavour to submit its report as expeditiously as possible.
7. The expenditure towards TA/DA in connection with the meetings of the group in respect of the official members will be borne by their respective Ministries/Departments. Domestic travel in respect of non-official members would be permitted by Air India (Business Class) and the expenditure would be met by MeitY.”
2. It is submitted by Mr. Mehta that after the report comes into being, there is a possibility that the law shall be passed regulating the data protection. Mr. Arvind P. Datar, learned senior counsel appearing for the Face Book would submit that the Nine Judges Bench in Justice K.S. Puttaswamy (Retd.) v. Union of India (Writ Petition (Civil) No. 494 of 2012 decided on 24.8.2017) has expressed the view that there should be a law with regard to data protection.
3. At this juncture, Mr. K.V. Vishwanathan, learned senior counsel appearing for the impleaded party and Ms. Madhavi Divan, learned counsel appearing for the petitioner would contend that there should be an ad interim injunction restraining the respondent from sharing the data with the third party.
4. Mr. Kapil Sibal and Mr. Arvind Datar, learned senior counsel undertake that they will file affidavits with regard to the assertions made by the petitioners. Let the affidavit be filed within four weeks hence. After the affidavits are filed, the matter shall be listed for consideration of passing the interim order. Be it clarified, if the assertions made in the affidavit would not require any kind of intervention by this Court, this Court may not pass any interim order.
5. Let the matter be listed at 3.00 p.m. on 20.11.2017.
W.P.(C) No. 347 of 2017
6. Issue notice returnable within four weeks.
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