Privacy is the ability to safeguard certain aspects of our existence by protecting our personal information. It is the freedom of life and liberty is incomplete without our ability to be who we are. Information could exist in the digital world, the physical world, or both. Thus privacy includes protection of your identity, data, personal space, bodily integrity and reputation, among others.
The Constitution of India does not explicitly guarantee a fundamental right to privacy. However, various judicial bodies, including the Supreme Court of India, have over the time, interpreted the existence of right to privacy as a part of various other fundamental rights, such as that of freedom of movement (Article 19(1)(d)), freedom of speech and expression (Article 19(1)(a)), and right to life and personal dignity (Article 21). Different aspects of an individual’s privacy are safeguarded and considered as statutory rights through specific legislations. In its judgment delivered on 24th August, 2017 by a nine-Judge Constitution Bench, the apex court unanimously held that right to privacy is an intrinsic part of right to life Article 21 and other freedoms guaranteed by Part III of the Constitution.
Article 21 Provides that:
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
Thus there is no procedure established by Law to intrude with one’s private space unless if it is done for surveillance purposes. In India, the Protection of privacy and data can be read from various Laws pertaining to Information Technology, Intellectual property, Crimes (Cyber) and contractual obligations. Privacy as a fundamental human right is also recognized in the UN Declaration of Human Rights, the International Covenant on Civil and Political Rights and in many other international and regional treaties. It underpins human dignity and other key values such as freedom of association and freedom of speech. And has become one of the most important human rights issues of the modern age.
Intrusion to Privacy is sometimes initiated by Government functionaries too. In Unique Identification Authority of India & Anr. v. Central Bureau of Investigation (2014). The Central Bureau of Investigation sought access to the huge database complied by the Unique Identity Authority of India for the purposes of investigating a criminal offence. The Supreme Court said that the UIDAI was not to transfer any biometrics without the consent of the person. The ruling has implications for the government’s vast biometric ID scheme, covering access to benefits, bank accounts and payment of taxes. This verdict overturns two previous rulings by the top court which said that privacy was not a fundamental right. The nine-judge bench, comprising all the sitting judges in the Supreme Court, was necessary because one of the earlier rulings, made in 1954, was delivered by an eight-judge bench.
Hence in the midst of globalization and technical advancements there is chance of mishandling of private data even though it is protected with care and diligence. The Apex court, by declaring that privacy is protected under the Constitution has opened new gates for the common man, in a manner armed him against unreasonable State intrusions and protected informational privacy in a digital age.
By Shalya Agarwal
Law Student
Symbiosis Law College, Noida