Orissa: In a significant judgment impacting education policy and data privacy rights in India, the Orissa High Court has decreed that students and their guardians must be given a clear and unambiguous choice to refuse enrolment in the Automated Permanent Academic Account Registry (APAAR) ID system.
The Court observed that privacy is an inherent human right and that any government scheme that purports to be ‘voluntary’ must genuinely allow individuals the freedom to opt out from the start — not merely through withdrawal after consent is given.
Background of Orissa HC Ruling on APAAR ID
The Automated Permanent Academic Account Registry (APAAR) is an initiative by the Union Ministry of Education (MoE), conceptualised under the National Education Policy (NEP) 2020, aimed at establishing a digital academic identity for every student in India.
The scheme envisions a unique 12-digit identifier that streamlines academic records, integrates with the DigiLocker platform, and facilitates secure storage and retrieval of educational achievements from school through higher education.
The government has maintained that APAAR ID is voluntary and not mandatory for students, and its purpose is to promote seamless academic mobility and a unified data repository across educational institutions. However, concerns have been raised regarding its implementation, linkage to Aadhaar, and potential privacy implications.
Petition Before the Orissa High Court
The issue reached the Orissa High Court in a public interest litigation filed by advocate Rohit Anand Das and his wife, acting on behalf of their minor child who was to be enrolled in kindergarten.
The petition challenged the absence of any clear ‘opt-out’ provision in the APAAR ID consent form and contended that the form’s structure effectively coercing consent undermined the voluntary nature of the scheme.
Orissa HC Ruling on APAAR ID: Privacy is a Fundamental Human Right
Justice Sashikanta Mishra, presiding over the case, stressed that privacy is a fundamental human right, particularly when sensitive personal data of minors is involved.
The court noted that while the government asserts the voluntary nature of APAAR ID, the consent form lacked a straightforward option to refuse participation.
Instead, it only allowed for withdrawal of consent after submission — a process that the court found insufficient and potentially exerts psychological and administrative pressure to consent.
The court observed: “If it is intended to be a voluntary act, appropriate provisions clearly specifying such a fact ought to have been incorporated in the form by providing option[s] to the parents to refuse to submit their consent or to opt out of it entirely.”
Legal Basis and Privacy Concerns
The petitioners relied on the Supreme Court’s landmark Puttaswamy judgment, which categorically recognised the right to privacy as intrinsic to the right to life and liberty under Article 21 of the Constitution.
The judgment emphasises that any state action involving personal data must adhere to strict standards of legality, necessity, and proportionality.
The APAAR system’s requirement of linking academic data with Aadhaar numbers has also been a source of public concern.
Critics argue that data collected could include detailed personal and educational records — posing risks if not robustly safeguarded.
Although the official consent process claims voluntary participation, reports indicate that many parents and schools have treated it as de facto mandatory due to administrative pressure.
Court Directives to the Government
To ensure genuine voluntariness and align the consent process with constitutional mandates, the Orissa High Court has directed that the model consent form be amended within two months.
The revised form must incorporate a clear, explicit option to refuse consent or opt out at the outset of the process.
The court’s order underlines that mere provision for consent withdrawal after submission does not adequately preserve the right to privacy, particularly for children — a demographic requiring special protections under Indian law and emerging data protection frameworks.
Implications of Orissa HC Ruling on APAAR ID for Education and Data Governance in India
This ruling has significant implications:
- For families and students, it reaffirms their autonomy and control over personal data in digital platforms.
- For policymakers, it serves as a reminder that digital education reforms must be designed transparently with built-in safeguards.
- For data governance, the judgment aligns with evolving legal frameworks such as the Digital Personal Data Protection Act, 2023, which requires clear, informed consent for personal data processing.
Read also: Aadhaar Vision 2032: India’s Bold Step Toward AI-Driven, Privacy-First Digital Identity
