The Supreme Court has refused to stay the Madras High Court's order that restrains the Dravida Munnetra Kazhagam (DMK) from using OTP verification for its 'Oraniyil Tamil Nadu' enrollment campaign. The Supreme Court cited the sensitivity of data protection concerns as the reason for declining to intervene.
The Madras High Court's Madurai Bench initially ordered the interim injunction, expressing serious concerns regarding the safety and privacy of voters' data. Justices S.M. Subramaniam and A.D. Maria Clete presided over the bench that passed the order in response to a Public Interest Litigation (PIL) filed by S. Rajkumar. Rajkumar alleged that DMK cadres were collecting sensitive personal information, including Aadhaar numbers, voter ID details, bank passbook data, and mobile numbers, under the guise of political enrollment. The petitioner also claimed that OTPs were used to verify mobile numbers and that people were being coerced into joining, with threats of deprivation of government scheme benefits if they refused.
The High Court's concern stemmed from the potential misuse of collected data and the implications for individual privacy. The court noted that information about a person's political beliefs could be used to suppress dissent or for discrimination. The judges directed authorities to provide details on the data privacy policy employed in the membership drive, whether informed consent was obtained from individuals, and the purpose of collecting individual data. They also sought responses from the central government regarding the operational aspects and institutional framework under the Digital Personal Data Protection Act, 2023.
DMK argued that it was not collecting Aadhaar details. However, the High Court emphasized the importance of data protection as an essential element of Article 21 of the Constitution. The court also raised concerns about the lack of transparency and accountability in the data collection process. While the interim order restricts only the use of OTP-linked verification, the overall campaign may continue. The court has directed DMK, the central and state governments, UIDAI, and the Election Commission to file affidavits detailing the campaign's data-handling policy, infrastructure, consent mechanisms, and legal compliance with the Digital Personal Data Protection Act, 2023.
The Supreme Court's refusal to stay the High Court order underscores the importance of data privacy and the need for political parties to ensure the security and consent of individuals when collecting personal information. The case highlights the novel issues surrounding data storage, informed consent, and the privacy of political affiliation in the context of digital membership drives. The matter remains under scrutiny as the involved parties are expected to provide further details and clarifications to the Madras High Court.
