Influence of Digital Governance on Everyday Life

Digital governance significantly impacts daily life through several automated processes such as Know Your Customer (KYC) verifications, welfare distribution, and healthcare management. However, these advancements raise concerns about data privacy and citizen rights.

Sanchar Saathi App Controversy

• Rollback Decision: The Indian government withdrew its directive mandating the installation of the Sanchar Saathi app on mobile devices after facing backlash over data privacy and surveillance concerns. 
• Surveillance Issues: The app was initially intended to curb cybercrime but raised questions about state power and potential data misuse. 
• Digital Constitutionalism: This concept emphasizes extending constitutional principles like liberty, dignity, and equality to the digital realm to protect against misuse of authority. 

Surveillance Challenges

• Modern Surveillance Techniques: Advanced methods like metadata gathering and predictive analytics have made surveillance less visible but more pervasive, risking free speech and promoting self-censorship. 
• Legal Context: The Supreme Court of India recognized privacy as a fundamental right in the landmark 2017 ruling (Justice K.S. Puttaswamy case), but the new Digital Personal Data Protection Act, 2023, has been criticized for its broad government exemptions. 

Impact of Data-driven Technologies

• Sectoral Dependence: Banks, hospitals, and educational institutions increasingly rely on digital records, compromising personal data control. 
• Consent and Privacy: The routine nature of consent forms and a lack of purposeful data limitations lead to eroded personal autonomy. 

Facial Recognition and Discrimination

• Global Concerns: Facial recognition technology raises issues of racial discrimination and false identification, leading to wrongful arrests and adverse impacts on minority groups. 
• Limited Legislation: In India, there is no comprehensive law governing surveillance, creating a disparity between authority and individual rights. 

Algorithmic Decision-making

• Black Box Nature: Algorithms used for welfare distribution and law enforcement lack transparency, resulting in arbitrary outcomes without clear recourse. 
• Legal and Institutional Gaps: Existing laws fail to adequately protect citizens' liberties, necessitating stronger oversight and audit mechanisms. 

Path to Digital Constitutionalism

• Institutional Protection: Proposals include establishing an independent digital rights commission and mandating judicial scrutiny for surveillance. 
• Public Accountability: Regular audits, transparency reports, and citizen rights to explanation and appeal against automated decisions are essential. 
• Constitutional Empowerment: Emphasizing digital literacy and advocacy for rights can empower individuals to challenge digital governance structures. 

Conclusion

Digital constitutionalism seeks to ensure that technology serves the people rather than controlling them, upholding democratic values in the face of technological advancement. It is crucial for maintaining freedom, equality, and privacy in the algorithmic era.