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.
Former Odisha DGP Y.B. Khurania Non Compliance 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
Surgeon Vice Admiral Dilip Raghavan
Surgeon Vice Admiral Dilip Raghavan Takes Helm of Armed Forces Hospital Services
Aero India 2027
Aero India 2027: Bengaluru to Host 16th Edition of Asia’s Biggest Air Show in February
MP CM Mohan Yadav
MP CM Mohan Yadav Announces 10-Hour Daytime Power for Farmers, Sets 100 Lakh Hectare Irrigation Target
Chhattisgarh Tops Jal Sanchay Jan Bhagidari 3
Chhattisgarh Tops Jal Sanchay Jan Bhagidari 3.0, Five Districts Among Country’s Top 10
REC Limited Wins First Prize for Outstanding Implementation of Official Language Policy
REC Limited Honoured With First Prize for Hindi Implementation Under Official Language Policy
government-of-haryana
Haryana Reshuffles 12 Officers: Transfers 6 IAS and 6 HCS Officials, Aniruddh Yadav Gets CEO, Global City Project
MP’s Seva Sankalp Plan
From Diya Lighting to Jan Sevak Mahakumbh: MP’s Seva Sankalp Plan
Pushkar Singh Dhami farmer empowerment
CM Dhami Sets Strict Deadlines for Uttarakhand’s Pending Projects
ADVERTISEMENT
ADVERTISEMENT
Videos
Keshav kumar
From Police Officer to Forensic Pioneer: How Dr Keshav Kumar Made Science a Weapon Against Crime
ChatGPT Image Aug 20, 2026, 05_46_21 PM
How IPS Officer Keshav Kumar Used Forensics to Crack Gujarat’s Lion Poaching Case
Shakeel Ahmad Ganie IRS Interview
‘My Path Has Not Been Straight’: Shakeel Ahmad Ganie’s Journey to the IRS
ADVERTISEMENT
UPSC Stories
Abhishek Parmar
NDA Failures, CAPF Setbacks, Then AIR 248:How Abhishek Parmar Overcame Years of Exam Setbacks
Abhishek Parmar became the third generation of his family to enter uniformed service after overcoming...
Naveen Kumar Saini UPSC CAPF
After 3 NDA Attempts and a 7-Mark Miss, Naveen Kumar Saini Gets AIR 7 in UPSC CAPF 2025
Naveen Kumar Saini secured AIR 7 in UPSC CAPF 2025 after multiple NDA and SSB failures and missing CAPF...
Pankaj Kamboj
Father Died, Family Turned to Farming: How Pankaj Kamboj Fought His Way to CAPF
After losing his father at 14 and helping his family survive through farming, Pankaj Kamboj turned repeated...
CSR NEWS
BPCL Pragati CSR
BPCL’s CSR Initiative Pragati Trains 10,000 Mechanics Across 22 States and 2 Union Territories 
The programme, implemented with ASDC, equips two-wheeler and four-wheeler mechanics with BS6 technology,...
nbcc
NBCC Wins ‘Champion Emerging’ Award at EXCEED CSR Awards 2026 for Hanle Ambulance Initiative
The Navratna PSU was recognised for procuring an ambulance for Hanle, Leh, strengthening emergency healthcare...
bel
BEL Lays Foundation Stone for Modern Crematorium at Lucknow Cantonment Under CSR Initiative
Rajnath Singh, Yogi Adityanath and BEL CMD Manoj Jain Attend Ceremony; Facility Aims to Provide Dignified...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
Abhishek Parmar
NDA Failures, CAPF Setbacks, Then AIR 248:How Abhishek Parmar Overcame Years of Exam Setbacks
Surgeon Vice Admiral Dilip Raghavan
Surgeon Vice Admiral Dilip Raghavan Takes Helm of Armed Forces Hospital Services
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
Keshav kumar
ChatGPT Image Aug 20, 2026, 05_46_21 PM
Shakeel Ahmad Ganie IRS Interview
ADVERTISEMENT
ADVERTISEMENT