Skip to main content

https://indianmasterminds.com

ADVERTISEMENT
ADVERTISEMENT

Orissa High Court Rules Privacy a Fundamental Right, Orders Clear Opt-Out for APAAR ID

The Orissa High Court has directed the government to amend the APAAR ID consent form to include a clear opt-out option for students and guardians, underscoring that privacy is an inherent human right and that any voluntary scheme must provide genuine choice.
Orissa Cheque Bounce Case
Indian Masterminds Stories

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. 

Read also: Digital Personal Data Protection Act Notification: A Game-Changing Shift in Privacy, Governance & Power, Will Take Effect in Late 2026 or Mid-2027

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


Indian Masterminds Stories
Join our WhatsApp Channel
ADVERTISEMENT
ADVERTISEMENT
Related Stories
ADVERTISEMENT
ADVERTISEMENT
NEWS
har ghar tiranga pushkar dhami
CM Dhami Hoists Tricolour at Residence, Urges Uttarakhand to Join ‘Har Ghar Tiranga’
PMGSY Bihar rural road connectivity
Darbhanga Ranks Second in Bihar as 24,215 Farmers Get Sugarcane IDs
madhya pradesh basmati
MP’s Raisen Basmati Reaches 47 Countries, ₹1,800 Crore Exports Recorded: CM Yadav
jharkhand mines bill
Jharkhand CM Hemant Soren Raises Concerns Over Mines and Minerals Amendment Bill, Flags Impact on State Revenue
(IRFC) indian-railway-finance-corporation
Leadership Updates: IRFC Appoints 2 New Independent Directors for 3-Year Tenure 
Engineers_India_Limited EIL
Engineers India Q1 FY27 Results: Net Profit Jumps 141% to Rs 158 Crore, Revenue at Rs 820 Crore
BEL Defence Orders BEL
BEL Appoints Ambrish Tripathi as Director (HR) and Anoop Kumar Rai as Director (Marketing)
jharkhand Government
Jharkhand Steps Up HIV Prevention, Targets Nine High-Infection Districts
ADVERTISEMENT
ADVERTISEMENT
Videos
Shakeel Ahmad Ganie IRS Interview
‘My Path Has Not Been Straight’: Shakeel Ahmad Ganie’s Journey to the IRS
Sumit Ramteke tn
IPS Sumit Ramteke on the Cases That Changed His Career and Shook Organized Crime | Video Interview
How NAFED is Strengthening Farmers, Markets and Food Security
How NAFED is Strengthening Farmers, Markets and Food Security
ADVERTISEMENT
UPSC Stories
Prachi Jain
A Failed Prelims, A Fractured Leg & One More Shot: How Prachi Jain Made AIR 714
Prachi Jain secured AIR 714 in UPSC CSE 2025 after setbacks, injury and two interviews, and now prepares...
Abhay Pratap Singh UPSC CAPF 2025
From 10 SSB Setbacks to UPSC CAPF AIR 191: Abhay Pratap Singh’s Journey in Uniform
After 10 SSB setbacks, postal department job and two CAPF attempts, Abhay Pratap Singh cleared UPSC CAPF...
From Engineering Desks to the Uniform: The Inspiring Journeys of UPSC CAPF 2025’s Top 5 Toppers
From Engineering Desks to the Uniform: The Inspiring Journeys of UPSC CAPF 2025’s Top 5 Toppers
Sheershoo Deb, Aryan Sheoran, Akanksha Vishwakarma, Rohan and Harsh Shankarlal Solanki prove that there...
CSR NEWS
CSR TIMES Awards
NLC India Bags Gold at CSR TIMES Awards 2026 for Over 150 Rural Infrastructure Projects 
NLCIL recognised in the Rural & Infrastructure Development category after implementing over 150 projects...
Project Bright Horizon
HPCL, Assam Rifles and Antogattva Foundation Sign MoU to Launch Project Bright Horizon in Northeast
Project Bright Horizon aims to directly impact 1,500 people and benefit 2,500 more through better learning,...
CMPDI CSR
CMPDI Partners with Frontline Global Services to Train 60 Jharkhand Youth Under CSR Initiative
 CMPDI will invest ₹73.62 lakh to provide residential Phlebotomy Technician training, helping unemployed...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
har ghar tiranga pushkar dhami
CM Dhami Hoists Tricolour at Residence, Urges Uttarakhand to Join ‘Har Ghar Tiranga’
PMGSY Bihar rural road connectivity
Darbhanga Ranks Second in Bihar as 24,215 Farmers Get Sugarcane IDs
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
Shakeel Ahmad Ganie IRS Interview
Sumit Ramteke tn
How NAFED is Strengthening Farmers, Markets and Food Security
ADVERTISEMENT
ADVERTISEMENT