Madras high court stays OTP verification during DMK's 'Oraniyil Tamil Nadu' enrolment drive
MADURAI:
Madras high court
on Monday ordered a limited interim injunction restraining
DMK
from sending OTP verification messages during the party's enrolment drive 'Oraniyil Tamil Nadu'. The restraint order shall be in force until the issues of right to privacy and data protection are examined by the court in detail.
A division bench of Justice S M Subramaniam and Justice A D Maria Clete, passed the interim orders on a PIL pertaining to DMK's 'Oraniyil Tamil Nadu', which is a mass membership drive organised across the state by DMK.
'Digital membership drives conducted by the political parties in recent times are a new area of study, whereby there is a clear departure from the conventional modes of inducting party members. The bearing it has on the data privacy of the individual is a concern that has to be addressed.
Hence, a clarity is required as to the means and infrastructure adopted by the political parties to collect, process and store data from the public.
How this data is stored and processed and the implications on the right to privacy of the voter including the right to privacy of the political affiliation also ought to be examined," the judges observed.
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In the absence of accountability and transparency in the data collected from individuals across the state, it is an issue which needs elaborate analysis, the judges said.
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A valid and free consent is an essential part of such membership programmes organized by the political parties. Hence, no force or coercion shall be employed in such membership drives conducted by the political parties, they said.
The judges then directed the DMK to provide details on the data privacy policy employed in this membership campaign and ensure the security of the data collected and whether 'informed consent' is obtained from the individuals in this membership drive.
It is also to be seen if other smaller or economically challenged political parties will be put in a disadvantageous position and will disturb the level playing field in the election thereby impacting Article 14 of the Constitution, the judges observed.
Justice Maria Clete, in a separate order, observed that when a query was put forth as to whether any mechanism or designated authority exists to address violations under the Digital Personal Data Protection Act, 2023, the Centre responded that rules have been framed under the Act and that the authority concerned is the joint secretary.
However, the Centre sought time to verify and respond on the specific operational aspects and the institutional framework under the Act.
The judge observed that she agreed to the interim order particularly in light of the serious concerns relating to personal data protection and digital privacy. However, she made it clear that such relief is extended with circumspection, particularly in the absence of a counter-affidavit and without full knowledge of the programme's operational framework.
She clarified that she did not agree with Justice Subramaniam's views pertaining to smaller or economically challenged political parties being put in a disadvantageous position. They were not immediately germane to the legal and factual matrix presently before the court, she said.
The judges then ordered notice to the Centre, state and DMK and adjourned the hearing in the case by two weeks.
The court passed the order while hearing a public interest litigation filed by S Rajkumar, a resident of T Athikarai village in Sivaganga district in Tamil Nadu.
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