The Lawxy Times
Supreme Court Directs CBSE To Amend APAAR Consent Form
The Supreme Court of India directed the Union Government and the Central Board of Secondary Education (CBSE) to amend the model consent form under the Automated Permanent Academic Account Registry (APAAR) Scheme. The amendment includes an opt-out/refusal of consent option for parents or guardians, ensuring the collection and retention of personal data comply with the Digital Personal Data Protection Act, 2023. This decision affects parents and students enrolled in CBSE-affiliated schools, clarifying the limits of data collection and sharing under the APAAR Scheme.
Full News Breakdown
A petition filed by parents of students enrolled in CBSE-affiliated schools challenged the constitutionality of the APAAR Scheme, citing the lack of an opt-out option for parents and potential data misuse. The Supreme Court directed the amendment of the consent form to include an opt-out option. Key points from the case include:
Case Name: ABHISHEK BAXI Vs UNION OF INDIA
Court: Supreme Court of India
Bench: Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana
Date: July 25, 2026
Citation: 2026 LiveLaw (SC) 719
Statutes Cited: Digital Personal Data Protection Act, 2023
Primary Legal Issue: Right to privacy and data protection under the APAAR Scheme
Petitioner Arguments: The APAAR Scheme enables long-term tracking, profiling, and monitoring of children's educational developments without allowing parents to opt out.
Respondent Arguments: Not explicitly stated in the source article
Court Reasoning: The requirement of consent must be meaningful and informed, necessitating an opt-out option.
Operative Order: The CBSE and the Union Government must amend the model consent form to include an opt-out option.
Practical Outcome: The amendment protects personal data in accordance with the Digital Personal Data Protection Act, 2023, and restricts the sharing of data with third parties.
How Does This Affect You?
The Supreme Court's decision clarifies that an opt-out option is essential for ensuring informed consent. Parents and guardians now have a clearer understanding of their rights regarding data collection. The ruling highlights the importance of compliance with the Digital Personal Data Protection Act, 2023. This development creates a compliance obligation for lawyers, law students, and businesses, particularly in the education sector.
For Lawyers & Advocates
The amendment of the APAAR consent form to include an opt-out option may influence the way lawyers advise clients on data protection and privacy rights. Lawyers may wish to review pending cases involving data protection and privacy, ensuring that their clients' rights are protected. The ruling affects drafting changes for consent forms and data collection policies, emphasizing the need for clear opt-out options. The decision reduces the risk of data misuse by restricting the sharing of personal information with third parties, in line with the provisions of the Digital Personal Data Protection Act, 2023.
For Law Students
The decision provides an opportunity to examine the principle of informed consent in data collection. The core legal doctrine or distinction students should focus on is the right to privacy. The decision is relevant for the study of Constitutional Law, specifically the right to privacy, Data Protection and Privacy Laws, Educational Law and Policy, and Human Rights Law. Comparing this judgment to others, such as Justice K.S. Puttaswamy v. Union of India (2017) and Rohit Anand Das v. State of Odisha (2025), teaches us about the evolving nature of privacy and data protection rights in India.
For Businesses
Educational institutions may want to review and amend their data collection policies to include clear opt-out options for parents and guardians, taking into account the Digital Personal Data Protection Act, 2023. Companies providing services to educational institutions may consider ensuring that their data handling practices comply with the amended APAAR consent form requirements. Businesses in the education sector may find it useful to review their implementation of data protection measures to restrict the sharing of personal information with third parties.
Key Takeaways
The legal principle established: The requirement of consent for data collection must be meaningful and informed, including an opt-out option.
The practice consequence: Lawyers may wish to advise clients on the amended APAAR consent form and review compliance with the Digital Personal Data Protection Act, 2023.
The enforcement consequence: Regulators can enforce the amended APAAR consent form requirements, restricting the sharing of personal data with third parties.
What to watch next: The implementation of the Digital Personal Data Protection Act, 2023, and its impact on data collection practices in the education sector.
Educational institutions should review and amend their data collection policies before the next academic year to ensure compliance with the amended APAAR consent form requirements.
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