The Supreme Court expressed grave concern over the vulnerability of personal digital records in India, observing that the sale of citizens’ private data on the dark web has become a regular occurrence. A bench comprising Justice Joymalya Bagchi and Justice V. Mohana made the remarks while hearing a petition concerning alleged security shortcomings in the web portal of Star Health and Allied Insurance Company. Filed by cybersecurity researcher Himanshu Pathak, the plea seeks an official investigation into the insurer’s data protection architecture, which the petitioner claims could expose sensitive customer information to unauthorised access.
Insurer Defends Data Safeguards
During the hearing, senior advocate S. Muralidhar, appearing for Star Health, submitted that the insurer has built multiple security tiers around its digital network and conducts ongoing monitoring to prevent data leaks. Counsel argued that the dark web is beyond the control of any individual or private corporate body, adding that an organisation cannot be deemed liable simply because information is illicitly circulated in that space. Justice Bagchi observed in response that the illicit trade of Indian data remains widely acknowledged. Senior advocate Prashant Bhushan, representing Pathak, cited a previous data incident reported in 2024 to emphasise persistent systemic vulnerabilities, maintaining that the petitioner did not compromise the insurer’s portal but merely sought to bring critical security gaps to light.
Scrutiny Over Ethical Research Methods
The bench raised significant questions regarding the manner in which the petitioner identified and demonstrated the alleged system vulnerabilities. Justice Bagchi observed that accessing a digital infrastructure without proper authorisation might not represent a permissible or sound way to expose its operational weaknesses. While the petitioner had approached the top court after the Madras High Court dismissed his plea, the bench noted that existing civil litigation between Pathak and the insurer provides an established forum where these grievances could be pursued. The proceedings underscored that demonstrating a flaw in digital security does not negate legal scrutiny regarding the methods used to obtain entry.
Parliamentary Committee Delays Court Visit
Separately, the Joint Parliamentary Committee examining bills concerning the ‘One Nation, One Election’ framework deferred its scheduled visit to the Supreme Court. The postponement followed concerns raised by opposition members over potential friction with the principle of separation of powers between the legislature and the judiciary. Committee chairman P. P. Chaudhary attributed the rescheduling to scheduling clashes among members alongside his own official engagements. The planned interaction had sought informal deliberations with the Chief Justice of India and other judges, but objections and formal cancellation requests from committee colleagues halted the event, even as parliamentary assessment of the legislation continues.
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