The Kerala High Court has made significant observations regarding the registration process on the Digi Yatra platform, suggesting that Aadhaar should not be a mandatory requirement. This development arose during the consideration of a public interest litigation (PIL) case, CR Neelakandan v. Union of India & Ors., which voiced concerns over passenger data security linked with the Digi Yatra platform.
High Court’s Observations
A Division Bench composed of Chief Justice Soumen Sen and Justice Syam Kumar VM noted that while the Digi Yatra platform’s use is ostensibly voluntary, it might be inappropriate to mandate Aadhaar details for registration. “We are prima facie of the view that Aadhaar details may not be necessary while registering on Digi Yatra if the petitioner has any other identity proof to establish his identity,” the court stated, referencing the Supreme Court’s ruling in KS Puttaswamy v Union of India, which upholds the right to privacy and limits Aadhaar’s mandatory use.
The PIL Submission
The PIL, submitted by social activist and advocate CR Neelakandan, challenges the collection of sensitive personal information through the Digi Yatra platform, highlighting potential risks to passenger privacy. The petition argues that the platform’s operations might not comply with the Digital Personal Data Protection Act, 2023, due to a lack of robust data protection frameworks.
Government’s Position
Additional Solicitor General of India, ARL Sundaresan, representing the Union government and the Airports Authority of India (AAI), affirmed that registration on Digi Yatra is not compulsory. However, the Bench has urged further clarification on whether alternative identity proofs can suffice for registration, postponing the matter for two weeks for Digi Yatra’s response.
Background of Digi Yatra
‘Digi Yatra’ is a biometric-based system that facilitates contactless airport entry and passenger processing, utilizing facial recognition technology. Managed by the Digi Yatra Foundation, a non-profit entity, this initiative aims to streamline airport operations but has raised privacy concerns due to extensive data collection.
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Petitioner’s Concerns
The petitioner contends that the current data collection practices lack transparency and oversight, potentially compromising personal data security. The PIL seeks directives for the Central government and airport authorities to establish comprehensive guidelines ensuring data protection in alignment with existing legal standards.
