To What Extent Right To Privacy In India

Updated: Aug 15, 2020

Introduction

The right to privacy refer to the concept that once personal information is protected from scrutiny. The word “Privacy” means the ‘state of being alone and not watch for disturbed or interfere by other people’, the state being free from the attention of the public. A definite legal definition of privacy is not available in law, legal expert tend to define privacy as a human right enjoy by every human being by virtue of his or her existence. In Indian legal Framework right to privacy is protected as an intrinsic part of the right to life and personal liberty under article 21 of the Indian constitution and as a part of the freedom granted by part III of the Indian Constitution

Article 21 states that ‘no person shall be deprived of life and personal liberty except according to procedure established by law’. The term life include all those aspects of life which go to make a man’s life meaningful. Complete and worth living. Privacy unable to create boundaries and protect ourselves from unwanted interfere in our lives allowing us to negotiate who we are and how we want to interact with the world around us.

Privacy protect us from arbitrary and unjustified use of power by State companies and other known about us and done to us while protecting us from others who may wish to exert control. The government argues that right to privacy is not expressly include in the constitution as the founding father rejected the idea of the inclusion of privacy as a fundamental right but petitioner insist that the recognitions privacy is a fundamental freedom is an essential better and against intrusion into personal space and data by state and private players in a technological dynamics of society. Privacy is something that deals with individual privacy and also which was needed to be protected earlier before the passing of a landmark case, i.e., K.S. Puttaswamy v. Union of India in 2017 as it was, previously, not considered a fundamental right under the Indian Constitution. On 24 August 2017 Supreme Court of India historical judgement declared that had to privacy is a fundamental right and protected under the 21 right to life and personal liberty of the Indian Constitution.


History

Modern India:-

In present time, the issue of Right to Privacy was discussed for the very first time in debate of constituent assembly, where an amendment was moved by K.S. Karimuddin, where B.R. Ambedkar gave it only snobbish support and Right to Privacy was not incorporated in the Indian Constitution. The issue of privacy was dealt with both as a fundamental right under the Constitution and as a common law right since the 1960’s.Privacy was not considered as a fundamental right was first held by the Supreme Court in the year 1954 by an eight-judge bench in M.P. Sharma v. Satish Chandra case, while dealing with the power to search and seize documents from the Dalmia Group, dismissed the existence of a right to privacy on the basis that the makers of Constitution.

Our desire for a private life made a comeback after ten years (approx.) before a six-judge bench of the Supreme Court in the case of Kharak Singh v. State of Uttar Pradesh, it was only to be rejected again. The Supreme Court held that there is no fundamental Right to Privacy but went on to strike down the provision which allowed night visits for violation of ‘personal liberty’. As dissented by Justice Subba Rao, wherein he said that Right to Privacy is still an essential component of personal liberty though such provision was not incorporated as well as declared as a fundamental right under the Indian Constitution.

After eleven long years (approx.), the Supreme Court where a smaller three – judge bench when faced with a similar factual matrix in Gobind v. State of Madhya Pradesh, held the existence of a fundamental right to privacy under Article 21. Though Gobind lost, privacy won for the first time and gained a small recognition under personal liberty under the Indian Constitution.

By this time, privacy had rooted in our fundamental rights. It never faced such a strong challenge of its existence as it faced before the nine-judge bench in the case of K.S. Puttaswamy v. Union of India in 2017 and overruled the decisions of M.P. Sharma and Kharak Singh. After the passing of the recent judgment in 2017 it is clear that right to privacy is a fundamental right and it will not lose its status amongst the Golden Trinity of Article 14 (Right to Equality), Article 19 (Right to Freedom) and Article 21 (Right to Life and Personal Liberty).

International aspect of right to privacy

Privacy is a fundamental human right recognized in the UN Declaration of Human Rights, the International Covenant on Civil and Political Rights and in many other international and regional treaties. Privacy underpins human dignity and other key values such as freedom of association and freedom of speech.

Article 12 of the Universal Declaration Of Human Right (1948) state that “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence nor or attack upon his honour and reputation. Everyone has the right to protection of the law against such interference or attack “.

Article 17 of the international covenant of civil and political right (to which India is a party) state that “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home and correspondence, nor to unlawful attack on his honour and reputation “.

Article 8 of the European convention of human rights state that everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Right To Privacy In India

India is still a developing country and our legal system is also developing system time to time in India. The legal system all of India borrowed from many developed country like America Russia, Australia, Canada and many of countries. There are many law which are same as many countries and right to privacy is the one of that law right which adopt by over 150 countries in the world.

In Indian legal Framework right to privacy is protected as an intrinsic part of the right to life and personal liberty under article 21 of the Indian constitution and as a part of the freedom granted by part III of the Indian Constitution

Article 21 states that no person shall be deprived of life and personal liberty except according to procedure established by law the term life include all those aspects of life which go to make a man’s life meaningful. Complete and worth living

Privacy is something that deals with individual privacy and also which was needed to be protected earlier before the passing of a landmark case, i.e., K.S. Puttaswamy v. Union of India in 2017 as it was, previously, not considered a fundamental right under the Indian Constitution.

Landmark Case in relation to Right to Privacy

Landmark Case: Justice K.S. Puttaswamy v. Union of India

Brief Facts of the Case:

This is a recent case of Right to Privacy which was brought by 91-year old retired Karnataka High Court Judge Puttaswamy against the Union of India before a nine-judge bench of the Supreme to determine whether the Right to Privacy was guaranteed as a fundamental right under the Indian Constitution.

This case was actually concerned with an issue to a challenge to the government’s Aadhaar scheme (a form of uniform bio-metrics-based identity card) in which the government made mandatory for availing the government services and benefits. The issue was made before a three-judge bench of the Supreme Court on the basis that this scheme violated the right to privacy. Accordingly, a Constitution Bench was set up and concluded that there was a need for a nine-judge bench to determine whether there is a fundamental Right to Privacy within the provision of Article 21 of Constitution of India.

It was argued by the petitioner before the bench that Right to Privacy is a Fundamental right and should be guaranteed as right to life with dignity under Article 21 of the Constitution. Submissions made by the respondent were that the Constitution only recognized personal liberty which may include Right to Privacy to a limited extent.

Decision of the Supreme Court

The nine-judge bench of the Supreme Court unanimously recognized that the Constitution guaranteed the Right to Privacy as an intrinsic part of the right to life and personal liberty under Article 21. The Court however, overruled M.P. Sharma, and Kharak Singh in so far as the latter did not expressly recognize the right to privacy as a Fundamental Right.

Various Aspects regarding Right to Privacy

# Phone Tapping and Right to Privacy

Phone tapping and right to privacy is affected by new technological developments relating to a person’s correspondence and hence has become a debating issue. In R.M. Malkani v. State of Maharashtra, the Supreme Court observed that the Court will not tolerate safeguards for the protection of the citizen to be imperiled by permitting the police to proceed by unlawful or irregular methods. Telephone tapping being foray of right to privacy and freedom of expression and also government cannot impose restrictions on publishing defamatory materials against its officials that make it violative of Article 21 and Article 19(1) (a) of the Constitution.

As per the observation made by Justice Kuldeep Singh in the case of People’s Union for Civil Liberties v. Union of India that right to hold a telephone conversation in the privacy of one’s home or office without interference can certainly be claimed as right to privacy. In this case Supreme Court held that telephonic conversations are private in nature and hence phone tapping amounts to violation of one’s own privacy.

Right to privacy and Internet


We live in the age of the internet. Also, it has become an important part of our life that we can’t live without it. Besides, the internet is an invention of high-end science and modern technology. Apart from that, we are connected to internet 24×7. Also, we can send big and small messages and information faster than ever. In this essay on the Internet, we are going to discuss various things related to the internet. It is very difficult to estimate the area that the internet cover. Also, every second million people remain connected to it with any problem or issue. Apart from that, just like all the things the internet also has some good and bad effect on the life of people. So the first thing which we have to do is learn about the good and bad effect of the internet.

In the 21th century right to privacy violated by the mean of media. Our data is not save in mobile computer and other electronic means there are many apps and software in technology special a social media which is not save platform to work on this media Google Facebook , Instagram and Twitter are most used by the people in worldwide where data is not safe here. Many allegation on these media related to data leak Or data stolen by the international organization. Many international organization impose restrictions or fine for data breach.

Nowadays another app called zoom in the news that popular for video chatting / conference application which is available across all platforms gained Momentum and is being used as mean of chatting conferencing for various purposes such as online classes online meeting conferences and other allied purpose. Zoom application is also being heavily used as mean of giving online classes to young children’s across the country and due to its vulnerability it is not excessive to say that those data can be used to exploit young children and use their videos for illegal and pornographic purpose. It puts the user’s data at risk, resulting in violation of right to privacy at mass level as stipulated in the case of puttauswamy vs. Union of India (2017).

These apps and software have private company and handle by the out of country like America China and others which is used against India by personal data of the citizens of India. These companies is stole the internal data and sale the others private companies many official work on the social media is not save. These private companies analyse the data and used against people for company’s benefit.

We also do a mistake that we are uploading everything on the social media. We gave everything like phone number, e-mail id, and private picture and also we uploaded our location by the mean of pictures. We are not aware about that we share every movement of us on social media. Many people analysis your movement and trace us anywhere, this is not good for us. If you work on internet than you data is not your, your data is on internet it means that when we work on internet every movement of us is store in the internet and the website that you work has access of your personal data. Today’s world right to privacy has become only a right on Internet. Our data is not safe on internet or social media. Every social media leak the personal data of the users.

The data must be protected by the law or government from the outer country’s app. There should be a Indian app that data not stolen by outer country.

Past Years Cases Of Data Leak In India


  1. .    .   SBI left one of its servers unprotected which exposed the data of its 422 million customers. The server, situated in Mumbai, contained partial bank account numbers, bank balances and phones of individual using the bank’s SBI Quick service


2. Information of 100 mn Justdial users on unprotected server.

JustDial had a rough time in April when an security researcher, Rajshekhar Rajaharia, alerted it to a potential leak. Leak didn’t only affect people using the app or website, but anyone who had called the helpline between 2015 to 2019.

3. kudankulam nuclear power plant (KKNPP) & ISRO hacked


India’s biggest nuclear power plant and the county’s apex space agency were hacked in September. Malware was installed on computers at the Kundankulam Nuclear Power Plant (KKNPP) and the Indian Space Research Organisation.


Conclusion

Right to privacy is a fundamental right and it is integral part of the right to life and personal liberty under article 21 of the Indian Constitution. One person has right and other person has a duty to protect is right. Right to privacy is the basic right of the people everyone wants to privacy in his life and liberty. No one want to interfere of another in his own life. Right is a right which is given by law. There are many social media which is not safe platform for people’s privacy if I said that most of the social media or apps are made by American or other country I think am I right that means when we use these social media we also share own data with social media companies who make that platform, so we should not share private important data with social media Or internet. In India right to privacy protected by law under article 21 of the Indian Constitution that the court of India handling the case related to right to privacy very seriously and impose fine of Banned the platform if the right to privacy violated.


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