PolityGS2+ GS3

Digital Age Demands a 'Right to Know the Contactor' for Citizens

Indian Express·2026-08-02· Read original

"Digital Age Demands a 'Right to Know the Contactor' for Citizens"

Prelims Facts

  • •Right to Privacy declared a fundamental right under Article 21 by a nine-judge Supreme Court bench in Justice K.S. Puttaswamy v. Union of India (2017)
  • •Puttaswamy (2017) established a three-part test for any privacy restriction: legality, legitimate aim, and proportionality
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Key Terms

Right to Know the Contactor

proposed digital right requiring any initiating communicator to authenticate their identity before reaching the recipient

Information Asymmetry

structural imbalance where the sender knows their identity but the recipient does not, enabling fraud and deception

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Study Note

BackgroundCore Concept

Background

The right to privacy in India was constitutionally elevated to a fundamental right under Article 21 by a nine-judge Supreme Court bench in Justice K.S. Puttaswamy v. Union of India (2017). The Court held that any state restriction on privacy must satisfy three cumulative standards: legality (a valid law must authorise the action), legitimate aim (a genuine state interest must be served), and proportionality (the least intrusive means must be employed). This tripartite test now governs all privacy-adjacent legislation and executive action in India.

India's statutory data protection framework is anchored in the Digital Personal Data Protection Act, 2023 (DPDPA). The Act recognises individuals as 'data principals' with rights over their personal data, and imposes obligations on 'data fiduciaries' — entities that process such data. However, Section 17 of the DPDPA contains broad law-enforcement exemptions that effectively exclude police and intelligence operations from the Act's core obligations. The Data Protection Board, the adjudicatory body envisaged under the Act, has not yet been constituted, leaving enforcement gaps.

Beyond state surveillance, the digital economy has created a parallel problem: private actors — scammers, telemarketers, political operatives, and foreign intelligence agents — routinely initiate contact with citizens while concealing or falsifying their identities. Existing frameworks such as the Telecom Commercial Communications Customer Preference Regulations (TCCCPR) and the Information Technology Act, 2000 address some dimensions of unsolicited and fraudulent communication, but no unified legal right compels a contactor to authenticate their identity before initiating communication.

The Topic Explained

The concept of a 'right to know the contactor' rests on a foundational ethical asymmetry: the person initiating contact knows exactly who they are, while the recipient knows almost nothing. This information imbalance is not merely inconvenient — it is structurally exploited by cybercriminals, phishing networks, and disinformation actors. The argument is that once an entity voluntarily initiates communication — whether by phone, email, social media, or digital advertisement — the ethical and legal burden shifts: the recipient acquires a right to reliable information about the sender's authentic identity.

This proposed right is distinct from, and complementary to, the existing right to privacy. Privacy protects individuals from unwanted disclosure of their own information. The right to know the contactor, by contrast, places an affirmative obligation on the initiating party to disclose their identity. The two rights operate in different directions: privacy is defensive, while the right to know the contactor is assertive. …

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Related PYQs

2021GS1 Prelims

Under which Article of the Constitution of India is the 'Right to Privacy' protected?

AArticle 15
BArticle 19
CArticle 21
DArticle 29
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2024GS1 Prelims

Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?

AArticle 15
BArticle 16
CArticle 19
DArticle 21
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Practice MCQs

Polityhard

Consider the following pairs:

Provision — Subject Matter

1.IT Act 2000, Section 66C — Cheating by impersonation using computer resources

2.IT Act 2000, Section 66D — Identity theft using computer resources

3.DPDPA 2023, Section 17 — Law-enforcement exemptions from data protection obligations

How many of the pairs given above are correctly matched?

ANone
BOnly one
COnly two
DAll three
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Politymedium

The Supreme Court's three-part test in Justice K.S. Puttaswamy v. Union of India (2017) for evaluating restrictions on the right to privacy requires which of the following?

1.The restriction must be authorised by a valid law (legality).

2.The restriction must serve a genuine state interest (legitimate aim).

3.The restriction must employ the least intrusive means available (proportionality).

4.The restriction must receive prior judicial approval in all cases.

Select the correct answer using the code given below:

A1, 2 and 3 only
B1 and 3 only
C2, 3 and 4 only
D1, 2, 3 and 4
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Polityhard

Assertion (A): Anonymous digital communication by the initiating party creates an information asymmetry that structurally enables cybercrime and disinformation.

Reason (R): The right to privacy under Article 21 of the Indian Constitution grants every individual an absolute right to remain anonymous in all digital communications.

Which of the following is correct?

ABoth A and R are true and R is the correct explanation of A
BBoth A and R are true but R is NOT the correct explanation of A
CA is true but R is false
DA is false but R is true
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