The Supreme Court on Monday, July 20, said that APAAR ID cannot be made compulsory for students and that parents and students must be given a clear choice on whether to enrol.
The court also said it would direct the Central Board of Secondary Education (CBSE) to examine concerns related to data privacy and implement the Orissa High Court’s ruling that APAAR ID generation must remain voluntary.
Supreme Court stresses voluntary consent
A Bench led by Chief Justice of India (CJI) Surya Kant orally observed that no student should be compelled to obtain an APAAR ID. The court said it would pass an appropriate order directing CBSE to ensure that the process remains voluntary, in line with the Orissa High Court’s decision.
The Orissa High Court had held that students cannot be forced to generate an APAAR ID and that participation must be entirely voluntary.
CBSE to examine data privacy concerns
The Supreme Court also agreed to direct CBSE to examine concerns surrounding data protection and privacy in the Aadhaar-linked APAAR ID system.
The observations came while the court was hearing a petition that challenges the APAAR ID framework on the ground that it violates the fundamental Right to Privacy. The plea also argues that the system affects the Right to be Forgotten because it involves the collection and storage of students’ personal data.
Consent forms should include opt-out option
The court further said that consent forms for APAAR ID should include a clear “opt-out” or refusal option. This would allow students or their parents to decline the generation of an APAAR ID if they choose not to participate.
The Bench said it would pass an appropriate order in the matter.