Supreme Court Reviews Plea on Privacy Breaches in CoWIN Portal
- ByAdmin --
- 31 May 2025 --
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The Supreme Court of India has taken suo motu cognizance of concerns regarding potential privacy breaches on the CoWIN portal, the government’s flagship platform for COVID-19 vaccination registration and tracking. This development underscores the judiciary’s commitment to safeguarding citizens’ data privacy in the digital era.
Background
The CoWIN portal has been instrumental in facilitating India’s massive COVID-19 vaccination drive, enabling registration, appointment scheduling, and certificate issuance. However, multiple reports and petitions raised alarms about unauthorized access, data leaks, and inadequate data protection measures on the platform.
These concerns prompted the Supreme Court to review the matter, emphasizing the need to uphold fundamental privacy rights even amid a public health emergency.
Supreme Court’s Observations and Directions
- Right to Privacy
The Court reaffirmed that the right to privacy is a fundamental right under Article 21 of the Constitution and applies fully to personal data collected on digital platforms like CoWIN.
- Data Security and Confidentiality
The government must ensure robust security protocols to protect user data from unauthorized access or breaches.
- Transparency in Data Handling
Authorities should clearly communicate how users’ data is collected, stored, used, and shared, in compliance with data protection principles.
- Compliance with Data Protection Norms
While the Personal Data Protection Bill is still pending, the government must adhere to reasonable security practices as outlined in the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
- Periodic Audits and Monitoring
The Court directed regular audits of the portal’s security infrastructure and mandated the formation of an independent committee to monitor data privacy compliance.
- Grievance Redressal Mechanism
Users should have access to effective complaint and redressal channels for privacy concerns related to the CoWIN portal.
Relevant Legal Provisions
- Article 21, Constitution of India
Guarantees the right to life and personal liberty, interpreted by the Supreme Court to include the right to privacy.
- Information Technology Act, 2000 (Section 43A)
Imposes liability on entities handling sensitive personal data for failure to protect it.
- Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011
Specifies security practices for protecting sensitive personal information.
- Personal Data Protection Bill (Pending)
Once enacted, will provide a comprehensive legal framework for data protection in India.
Implications of the Supreme Court’s Review
- For Government Agencies
A clear mandate to prioritize data privacy and implement stringent safeguards on digital platforms handling sensitive health information.
- For Citizens
Assurance that their personal data, especially related to health, is protected under the law and subject to judicial oversight.
- For Digital Governance
Reinforces the necessity of integrating privacy by design and default in e-governance projects.
Way Forward
- Strengthening cybersecurity infrastructure for public health databases.
- Expediting the enactment of comprehensive data protection legislation.
- Conducting awareness campaigns to educate users on data privacy rights.
- Encouraging transparency and accountability in digital health initiatives.
Conclusion
The Supreme Court’s review of privacy concerns related to the CoWIN portal highlights the vital intersection of technology, health, and fundamental rights. By insisting on strict data protection measures and transparency, the Court ensures that citizens’ privacy is not compromised in the pursuit of public health objectives. This judgment sets an important precedent for safeguarding digital privacy in India’s expanding e-governance landscape.
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