Note4Students
From UPSC perspective, the following things are important :
Mains level: Data protection; impact of APAAR;
Why in the News?
The Ministry of Education introduced the Automated Permanent Academic Account Registry (APAAR) ID to digitally store each student’s academic records, providing a single, reliable source of their educational history throughout their life in India.
Should the APAAR ID be imposed without a legal framework in place?
- Violation of Right to Privacy: Without a legal framework, imposing APAAR violates the right to privacy upheld by the Supreme Court in the Puttaswamy judgment (2017). Example: The Court ruled that Aadhaar cannot be mandatory for basic services like school admissions. APAAR, linked to Aadhaar, may similarly infringe on privacy rights.
- Lack of Informed Consent: Mandatory implementation without clear legal guidelines undermines voluntary participation and informed consent. Example: Parents in Uttar Pradesh and Karnataka face pressure to enroll their children despite official claims that APAAR is voluntary.
- Data Security Risks: Collecting sensitive student data without legal safeguards increases vulnerability to data breaches and misuse. Example: The Aadhaar leak incidents exposed millions of personal records, highlighting risks in handling large-scale digital databases without strict protection laws.
- Discrimination and Exclusion: Errors in digital records (e.g., name mismatches) can exclude students from educational benefits if no legal recourse is available. Example: In DigiLocker, discrepancies in Aadhaar details have led to failed registrations and denial of services. Similar risks exist with APAAR.
- Need for Legislative Oversight: A legal framework ensures transparency, accountability, and public trust in the system’s operation. Example: Countries like Germany regulate educational data under the General Data Protection Regulation (GDPR) to protect citizens’ privacy. India lacks similar comprehensive safeguards for APAAR.
What is the purpose of the APAAR ID introduced by the Ministry of Education?
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How are schools and state education authorities in Uttar Pradesh and Karnataka enforcing APAAR enrolment?
- Imposing 100% Enrolment Targets: Schools have been directed to achieve “saturation”, meaning complete APAAR enrolment for all students, putting pressure on administrators and parents. Example: In Uttar Pradesh, education authorities have set strict deadlines for schools to register every student under the APAAR system.
- Threatening Consequences for Non-Enrolment: Schools are warning parents of potential penalties or loss of educational services if they refuse to enroll their children. Example: In Karnataka, some schools have informed parents that students may face issues in accessing government benefits and future educational opportunities without APAAR registration.
- Targeting Minority Institutions and Administrators: Religious minority schools and district education officials face increased scrutiny for discrepancies between APAAR and existing student records. Example: In Uttar Pradesh, authorities have questioned minority institutions over mismatched enrollment data, raising concerns about discrimination and administrative overreach.
Way forward:
- Enact a Clear Legal Framework: Introduce legislation to regulate APAAR, ensuring data protection, informed consent, and compliance with the right to privacy as upheld by the Supreme Court.
- Ensure Voluntary Participation and Transparency: Maintain APAAR enrolment as optional, provide clear communication to parents and institutions, and establish grievance redressal mechanisms to address errors and concerns.
Mains PYQ:
Q Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on the Right to Privacy. (UPSC IAS/2017)
Reason- UPSC’s focus on privacy concerns related to government actions.
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