June 13, 2021

Important Laws Dealing with Right to Privacy in India

privacy

Introduction

Black’s Law Dictionary, defines privacy as “the right of personal sovereignty; the right of a person and person’s property to be free from any unjustifiable publicity. Mostly all the nations acknowledge the right to privacy declared in their Constitution. Countries like the United States, Ireland, and India, where this right is not mentioned in the Constitution, it is an intrinsic part of some other amenities.

Right to Privacy as A Fundamental Right

As we all know, fundamental rights are basic rights that each and every single individual is authorise to, and correspondent rights ought-to present with every citizen of the country together with proper remedies. As per the article 21 of Indian Constitution explained “No person shall be deprived of his life or personal liberty except according to the procedure established by law”.

Right to Privacy in India

The idea of the right to privacy is able be turn up in the earliest text of the Hindus. Hitopadesh catalogue that determined matters such as family matters, worship and sex must be shield from divulge. Privacy in earlier times was related to ‘positive morality. This idea was unclear in the ancient Indian texts. The contemporary India, the matter of the right to privacy was debatable for the very first time in the debate of the Constituent Assembly, and it was not append in the Constitution of India. The matter of the right to privacy as a fundamental right under the Constitution.

In case of M.P. Sharma v. Satish Chandra, this was a eight Judge bench of the Supreme Court, while commencing along with the power to hunt and grab documents from the Dalmia Group, grip that right to privacy is not a fundamental right and it is alien to the Constitution of India. In case of Kharak Singh v. State of Uttar Pradesh, the judgement of six-Judge bench of the Supreme Court held that there is no fundamental right to privacy, affect the provision that permitted night visits, for violation of ‘personal liberty’. Justice Subba Rao in his judgement gave his contradict aspect and declared that the right to privacy is a key component of personal liberty however it was not integrate as a fundamental right in the Constitution of India.

Time span of 11 years, in case of Gobind v. State of Madhya Pradesh a three-judge bench judgement of the Apex Court held on to the existent to a fundamental right to privacy under Article 21 of the Indian Constitution. In consequence, to the very first time privacy obtain various acceptance under personal liberty of the Indian Constitution.

In a classical case law, Maneka Gandhi v. Union of India [1978 AIR 597, 1978 SCR (2) 621], as per the article 21 was eludiciated in a comprehensive perception of the Supreme Court. It was clutch that both the rights of personal security and personal liberty acknowledge by ‘natural law’ are consolidate in Article 21. An extensive exposition was allocate to Right to Life, also circumscribe the right to privacy in its principality.

In a curent landmark judgment, K.S.Puttaswamy v. Union of India [2015 (8) SCALE 747], right to privacy clearly achieve the status of a fundamental right and consequently, it will keep its status amongst the Golden Trilogy of Article 14 (Right to Equality), Article 19 (Right to Freedom) as well as Article 21 (Right to Life and personal liberty).This judgment was both the initial judgments v. M.P. Sharmaand Kharak Singh, be repealed.

In this case, it was guided by a retired judge of the High Court, Puttaswamy, who summoned the strategy of the government for a consistent biometrics-based identity card that would be compulsory for examine government services and welfare. The petitioner proclaim that the right to privacy was an unconventional right, pledged by the right to life with dignity under Article 21 of the Indian Constitution. The respondent state that the Constitution of India admit only personal liberties which might be incorporate absorb inside their limits, right to privacy, but only to a narrow scale.

The nine-judge bench judgement of the Supreme Court record detain that the right to privacy was a constitutionally protected right in India, and it was an inherent part of the right to life and personal liberty under Article 21. The right to privacy was documented by the agreeing believes of the judges who allowed that right to privacy includes liberty over confidential decisions, as in beef utilization; bodily uprightness, as in reproductive rights; and protection of personal information, as in the privacy of health records.

It was also conceded that this right is not universal, as is the case with all the further rights. This case was submitted by a retired judge of the High Court, Puttaswamy, who provocated the submitted plan of the government for a uniform biometrics-based identity card that would be compulsory for accessing government services and welfare.

Privacy in The Field of Technology

In present era, the technology has its own advantages and as well as all limitations. The world has suit moreover extended for the observation of conveying at the national as well as international level; the contradictory is that this technological period has guided in new behaviour and judicial difficulty. Some summons that constitute as the significant commination to the right to privacy in the present times are:

Telephone spouting- This inaugurate a sedate conquering to the right to privacy. Telephonic discussions aggregate to the exercise of the right to freedom of speech and expression of a person, which is protected by Article 19(2). Telephone valve is permitted in India in Section 5(2) of the Telegraph Act, 1885; but only under determined special situation.

Data shielding in the telecom section-The right to privacy mention to the particular right of an individual to authorise the group, usage as well as declaration of personal details. This personal details can be in any configuration- family data, educational data, medical data, communications, financial data, etc.

The Information Technology Act, 2000 was passed to prepare a complete control over an environment for e-commerce. Section 69 of the Act empowers the regulator to direct any government agency to stop any information that has been communicated through any computer resource. It also needs for the users further reveal to conceal the keys or face imprisonment for up to 7 years. Section 72 is the only communicate supplying in the Act that is attached with privacy and breach of privileged.

 UIDAI-Unique Identification Authority of India is an important features of the government which drudge as an issue of regulator of the UID to every individual. A UID is an associated by the UIDAI to prepare a unique identity to each and every person after acquiring his personal details i.e. fingerprints, iris pattern, name, address, date of birth, etc. This insert a person’s biometric details, consequently it can be contemplate as the most private information of any individual. A Bill was establish in 2010 to raise the secrets of the biometrics information, permitting it to be split in the engrossment of national reliability.

In the Unique Identification Authority of India and Anr. C.B.I, the C.B.I is looking for ingress to the massive database that was greatly obey by the Unique Identification Authority of India, in command to scrutinize a criminal felony. It was held by the Supreme Court that UIDAI was not meant to convey any bio-metrics in the absence of the agreement of the person so intricate.

Importance Of Right To Privacy In India

These are the following aspects of right to privacy in India.

 1. There should be requisite preservation from the illegal and unpredictable involvement by the private as well as government parties, in the form of an encyclopedic law. The law should secure that the use of modern-day technology in infringe the privacy rights and individual data of people is restricted.

2. Medical data of peoples should be secured, as this data can conclusively abused. It is crucial that such records is not indebted and thereafter vend to researchers in the field of biomedical science, without the agreement of the parties complicated.

3. Financial data of persons should also be guarded from potential abuse. As the occurrence of embezzlement are on the hike, consequently there is an important essential to pass exceptional guidelines to this outcomes. Financial data of individuals should not be communal with banks and financial companies in the absence of the understanding as well as the permission of the parties, excluding in line with the policy confirmed by law. The abuse of financial records of individuals can have a disastrous impact on the rate of increase in other crimes, for instance, kidnapping, extortion, etc.

4. The unrestricted supervision of employees by their employers by electronic slot is other issue of major disturbance, which should be inscribe by an absolute law.

Conclusion

The ever-expanding development in technology in the present times, it has become more requires that the right to privacy is secured appropriately. Our creature are absurdly reveal to social media, and it has become authoritative that protection must be provided to one and all in a way that it does not generate an anxiety in the mind of people about their right to privacy. This has presume much more significance, with the Apex Court accepting this right as a fundamental right. Though privacy must be secured in each and every form, like the other fundamental rights, the right to privacy is also subject to appropriate limitation that can be forced by the government under certain special situations.


Author Details: Pooja Singh (Maharshi Dayanand University)

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