Data Should Be Treated As Nuclear Waste, Says Adv. Murali Neelakantan, Warning Digital Surveillance Threat To Liberty

Mumbai: Data should be treated as nuclear waste, said senior advocate Murali Neelakantan as he advocated for the Right To Forget law to be implemented in India at an educational session organised by Moneylife Foundation in partnership with Free Press Journal and Silver Innings. He delivered a sobering assessment of ‘why privacy is the new currency’ at a recent talk at the Indian Merchants Chamber (IMC) Churchgate, emphasising that the massive collection and aggregation of personal information has turned data into currency and poses a fundamental threat to individual freedom.

The lawyer warned that with every digital interaction, individuals are unknowingly constructing a detailed digital personality that is exploited by both corporations and the state. He highlighted that devices like Alexa, Siri, and Smart TVs are constantly listening, turning every conversation into valuable, trackable data. He drew a parallel between data and oil, arguing that "Oil is the new wealth," but just as the owners of the land don't benefit, the individuals generating the data rarely reap its rewards.

He reflected on pervasive tracking where apps are tracking whatever consumers are doing, leading to highly personalised advertising like getting ads for front-load washing powder after buying a relevant washing machine online. He highlighted that the majority of the people do not read the conditions before consenting to any applications. However, websites now often present consent boxes already ticked, forcing users to take extra steps to untick them and protect their data.

“Earlier, contact details had to be looked up in yellow pages, which had only one objective. However, we now willingly provide all our information to various companies while using their services on our devices or to the government through Aadhaar. The state does not need to know everything about its citizens but only what is relevant to a transaction, and once the objective is met, the data should be erased,” he said.

Neelakantan highlighted that the society prioritises convenience over liberty as data theft leads to the theft of personal liberty. He cautioned that it will drift the country towards a "China-like situation," where ineligibility for certain services, like using specific apps or attending a school, could be based on one's digital profile. He highlighted that social media algorithms are increasingly narrowing what users see.

To prevent misuse of data and financial scams, he proposed a radical re-evaluation of data being treated as nuclear waste, a hazardous substance requiring extreme caution and safe disposal after its objective is fulfilled. He strongly advocated for Europe-like Right to Forget, which should mandate the duty to erase data once its objective is accomplished, and the Right to Correct data, citing the European Union's GDPR as a standard to emulate. He stressed that in a civilized world, individuals have the right to know what data is held about them.

Actionable Steps For Citizens To Protect Themselves:

Use browsers without logging-in

Use incognito mode and a VPN

Employ password managers

Don’t keep all your data in one place

Don’t take calls from unknown numbers or click on unknown links

Use challenge phrases with family members to identify impersonated calls