Should privacy be a tradable right?

This episode of InFocus by The Hindu explores the ethical and societal implications of treating privacy as a tradable commodity in the digital age, particularly in the context of India's evolving data protection landscape. Host Ji Sampath engages with Hrithika Khera, Professor of Economics at IIT Delhi, author of the paper 'Data and Privacy: Putting Markets in Their Place,' which argues that markets for personal data constitute 'noxious markets'—analogous to markets for organs, blood, or child labor—due to inherent vulnerabilities, information asymmetry, and societal harm. The discussion reveals how India’s Digital Personal Data Protection Act 2023, despite recognizing privacy as a fundamental right, fails to protect citizens due to weak enforcement, low digital literacy, and exploitative data practices. The episode highlights real-world harms, including mental health data being sold, loan apps using blackmail via stolen photos, and algorithmic manipulation that fuels polarization and undermines democracy. Khera emphasizes that consent mechanisms are illusory, data minimization is essential, and privacy should be protected not as a luxury but as a foundational human right critical to autonomy and democratic integrity. Key takeaways include: 1) Consent is meaningless when users are unaware or coerced; 2) Data profiling enables behavioral manipulation and undermines democratic discourse; 3) Privacy is not elitist—it’s essential for ordinary people’s freedom and safety; 4) The current system creates 'data shadows' that harm individuals even without their consent; 5) Regulatory frameworks like DPDP Act 2023 risk undermining both privacy and the right to information; 6) Alternatives like data minimization and privacy-preserving technologies must be prioritized; 7) Markets for personal data are inherently noxious and should be curtailed; 8) Public awareness and friction in data extraction are crucial for systemic change. The episode concludes with a call for deeper societal debate and structural reforms to reclaim privacy as a non-negotiable human right.