The Right to Say No: APAAR, the Supreme Court’s Opt-Out Mandate, and the DPDP Framework for Student Data
Relying on the Supreme Court’s Constitution Bench judgment in K.S. Puttaswamy v. Union of India, the High Court reiterated that children enjoy heightened privacy protections and that education cannot be made conditional upon Aadhaar. The Court held that a post-facto right to withdraw consent cannot substitute the right to refuse consent at the outset. It concluded that if the scheme is genuinely voluntary, the consent form must explicitly provide parents with an option to opt out. Accordingly, the Court allowed the writ petition and directed the authorities to consider amending the model consent form within two months.

