top of page
Search

Right To Privacy

  • Writer: leadindia400
    leadindia400
  • Jan 15
  • 3 min read

Right To Privacy Is The Capacity Of An Individual To Keep Certain Aspects Of Oneself Private And Hence Only Reveal Certain Aspects Of Themselves. To Put It Another Way, Privacy Is The Ability To Decide What Information You Choose To Reveal And Not. Control Could Be Considered The Key Component Of Privacy. When We Discuss Our Right To Privacy, We Are Referring To The Freedom To Manage Our Data And The Freedom To Lead Unhindered Lives.


Legal Provision


The Centrality Of The Indian Constitution Lies In Article 21. It Protects Everyone's Right To Life And Personal Freedom, Whether They Are Residents Of India Or Not. Since Life Is A Prerequisite For The Enjoyment Of Other Rights Like Freedom, Equality, Or Religion, It Serves As The Foundation For All Other Rights Guaranteed By The Constitution. Every Other Right That A Person Needs To Live Up To Their Full Potential Is Included In The Article, Including The Right To Privacy, Free Legal Assistance, A Speedy Trial, A Clean And Healthy Environment, Undisturbed Sleep, And A Means Of Subsistence.


Governments Are Authorized By Law To Keep Tabs On The Whereabouts Of Specific Groups Of Persons Via Wiretapping, Message Decryption, Search And Seizure, And Letter Examination. In The Computer Industry, Cctv Cameras Are Also Used For Surveillance, Wherein An Individual's Emails And Internet Activities Are Examined. The Government Can Issue Surveillance Orders Because Of The Information Technology Act Of 2000, The Indian Telegraph Act Of 1885, And The Telegraph (Amendment) Rules Of 2007.


The Central Or State Governments May, Under Section 5 Of The Indian Telegraph Act, Issue Orders To Intercept Messages For The Sake Of Public Safety Or Emergency, Or Whenever The Circumstances Warrant It.


The Information Technology Act Of 2000, Specifically Section 69, Gives The Federal Government And State Governments The Authority To Impose Orders For Tracking, Intercepting, And Decrypting Any Data That Is Sent, Received, Or Kept On Any Computer Resource.


To Prevent Breaches Of Individuals' Data, The Indian Parliament Passed The Digital Personal Data Protection Act, Of 2023 In August Of That Year. The Act Requires Data Fiduciaries To Implement The Organizational And Technological Safeguards Required To Secure Individuals' Personal Information. According To The Act, Processing And Storing Of An Individual's Data Is Only Permitted With That Person's Consent. Furthermore, The Individual May Revoke This Consent At Any Time. By The Act, A Data Protection Board Is Also To Be Established. This Board Will Be In Charge Of Hearing Complaints About Data Breaches And Offering Solutions. The Board Has Been Authorized To Conduct Investigations And Penalize The Responsible Party In Cases Of Data Breaches.


Case Laws


Since Its Inception, The Right To Privacy Has Been Regarded As A Corollary Of The Rights To Life And Personal Liberty. The Right To Life Is Defined By The Supreme Court As The Ability To Enjoy Life To The Fullest, Including The Use Of All Of One's Bodily Limbs And Abilities, In The 1963 Decision Of Kharak Singh V. State Of Uttar Pradesh(1963)


Finally, The Supreme Court Upheld The Right To Privacy As An Essential Component Of The Right To Life And Personal Liberty In K.S. Puttaswamy V. Union Of India (2017). Justice D. Y. Chandrachud Established The Proportionality Test. It Implied That The Need For Interference Must Be Commensurate With The Privacy Breach. According To The Test, An Exemption To The Right To Privacy Must Meet The Requirements Listed Below:


  • A Legitimate Legal Process Ought To Exist For Such Interference, And The Act In Question Needs To Be Approved By The Law. Both The Law And The Legal System Must Be Devoid Of Blatant Arbitrariness And Be Just, Equitable, And Rational.

  • A Valid And Reasonable State Interest Should Support The Legislation To Avoid Needless Government Intervention.

  • The Manner, Character, And Extent Of The Interference Must Be Commensurate With The Goals, Requirements, And Objectives That The Law Is Intended To Achieve.


The Court Also Held That Although The Right To Privacy Is Not Unassailable, It Can Only Be Curtailed By Legally Prescribed Due Process. The Government Needs To Make Sure That The Right Safeguards Are In Place To Protect People's Biometric And Personal Information. It Must Refrain From Utilizing The Data For Any Kind Of Surveillance And Only Utilize It For The Intended Purpose Of Collection.


Lead India Provides Free Legal Advice And Online Information Among Other Legal Services. We Offer A Platform Where You Can Speak With A Lawyer And Ask Legal Questions. Lead India's Lawyers Can Help You With Any Legal Matters. Lead India Offers Free Online Legal Help In India. In Addition To Providing Legal Advice Online, Lead India Allows Users To Ask Professionals Questions For Free.


Visit Us: — www.leadindia.law

Call Us: +91–8800788535

 
 
 

Comments

bottom of page