The Kerala High Court has issued notice
to the Digi Yatra Foundation in a public interest litigation (PIL) concerning
the protection of passengers' personal data collected through digital systems
like Digi Yatra at airports across India. The Division Bench, consisting of
Chief Justice Soumen Sen and Justice Syam Kumar V.M., heard the petition on
March 5, 2026. The PIL highlights alleged potential risks associated with the
collection, storage, and processing of sensitive passenger information,
including biometric and personal details, raising serious questions about
privacy safeguards in the country's aviation digital infrastructure.
The petitioner, C.R. Neelakandan, has
urged the court to issue interim directions to key authorities, the Union
Ministry of Civil Aviation, the Airports Authority of India (AAI), and the
Ministry of Electronics and Information Technology (MeitY) to ensure that all
handling of passenger data adheres strictly to the provisions of the Digital
Personal Data Protection Act, 2023, and the Digital Personal Data Protection
Rules, 2025. The plea emphasizes the need for robust compliance to prevent
misuse or unauthorized access to such sensitive information.
Among the key reliefs sought are
temporary restraints preventing airport operators, along with their commercial
partners, licensees, concessionaires, service providers, or intermediaries,
from sharing passengers' personal data, exploiting it commercially, or
disclosing it to any third parties without proper authorization. The petition
also requests a stay on any ongoing tenders or contractual arrangements with
private entities that involve the collection or processing of passenger data.
This stay would remain in place until the contracts incorporate adequate data
protection clauses fully aligned with the prevailing legal framework.
The court has specifically directed that
notice be served on the Digi Yatra Foundation, a non-profit company registered
under the Companies Act, 2013, responsible for implementing and managing the
Digi Yatra digital travel platform. This platform facilitates seamless,
paperless, and contactless airport processes through biometric verification and
data integration.
Additionally, the Bench instructed
counsel representing the Union Government to verify whether the Data Protection
Board of India has been duly constituted under Section 18 of the Digital
Personal Data Protection Act, 2023. If the board has indeed been formed, the
government must file an affidavit providing full details of its constitution
and composition for the court's consideration.
The court has further allowed the
petitioner to file a supplementary affidavit furnishing specific instances, if
any, where breaches of passenger data confidentiality may have occurred. This
provision enables the inclusion of concrete evidence to substantiate the claims
of vulnerability in the current system.
The matter is now scheduled for further
hearing and consideration on March 19, 2026, when the court will review the
responses from the respondents, including the Union Government and the Digi
Yatra Foundation, along with any additional submissions.
This development underscores growing
judicial scrutiny over digital initiatives in public infrastructure,
particularly those involving large-scale collection of personal and biometric
data. As Digi Yatra expands to promote efficiency in air travel, the case
highlights the critical balance between technological convenience and the
fundamental right to privacy and data protection for millions of passengers.
The outcome could set important precedents for how sensitive information is
managed in government-backed digital platforms nationwide.