Right To Privacy
In the constitution of India there are 395 Article in 22 parts and 8
schedules. Is came into effect on January 26,1950 on this day Indian celebrate
as a Republic Day. Part 3 of the Indian Constitution deals with Fundamental
Rights. Article 21 fall in the Fundamental Rights borrowed from US Constitution.
Many others provision taken from US Constitution. Article 21 source of many
other rights are given. Article 21 is also called UMBRELLA right of the
Article 21 is the BEDROCK of the constitution. Article 21 deals with Right to
life and Personal liberty. This article gives the right to the citizen of India
or non-citizen of India also. 'no person shall be deprived of his life or
personal liberty expect according to a procedure established by law.'� The
right to life does not means only survive also that living with choice and
Article 21 has many Rights are there:
Right to free environment
Right to safe environment Right to health Right to shelter Right to food
Right to education Right to privacy Right to Privacy is one of the
articles in the Article 21.
What is Privacy?
Anyone has right to keep their
something secret like personal information, personal issue, relationship, etc.
no one interfere in this. If any one violation of any individual's privacy it
is called that violation of right to privacy. Every human being is enjoyed
human right. Right to privacy is the fundamental rights.
Privacy extends to
other aspects like:
Bodily integrity Persona autonomyInformation
self-determination Protection from state surveillance Dignity
Confidentiality Compelled speech and freedom to dissent or move or think.
India borrowed definition from:
Article 12 of universal declaration of
human rights, 1948 and Article 17 of the international covenant on civil and
political rights (ICCPR), 1966. India signed and ratified the ICCPR on april10,
1979, without reservation. And the definition the above legally
protect persons against 'arbitrary interference'� with one's privacy,
family, home, correspondence, honor and reputation.'�
Article 7 and 8 of the
charter of fundamental rights of the European union 2012:
Private and family life Home and
Communications 'protection of personal data and its collection for a
specified legitimate purpose.'� Social is also play an important role in the
human life like internet culture and mobile data base promotes screening of
private information of people are connected to it.
For examples Facebook 1
Face book leaks our data. It is not shocking news that Facebook tracks you on
its platform that's why it can resurface your birthday photos from five years
ago but you might not yet realize the scope and the depth of its tracking
all across the internet. Facebook's tentacles stretch out across other website
and services into the various apps you're using on your phone, and to the
places you physically visit in the real world especially if you decide to check
in on Facebook while you're there. Facebook's reach also goes way beyond Facebook itself.
It has partnerships with a whole host of marketing firms and ad
networks so that activities on other sites including but not limited to logging
into a third-party service with your Facebook account can be combined with your
Facebook profile. However, this is not a company with a good track record when
it comes to looking after comes to looking after your data irrespective of how
Facebook itself has used your information it's certain been careless in the
ways that information has been shared with third parties.
To make matters more
complicated, Facebook owns WhatsApp and Instagram too and can pool some of the
information it gathers in those apps as well. The best way to limit Facebook's
tracking is to quite all three apps for good. India's has no specific
legislation focusing on data protection. A few principles of data protection are
expanded through IT Act, guideline issued by RBI, TRAI, etc.
One of the most
important piece of legislation piece of legislation protecting our data at
present is the Information Technology Act (IT Acts). The IT Acts make hacking
and tampering with computer source an offence and penalizes unlawful access to
data. The data protection law should be equally applicable on public and the
Today, personal information is not only being held by private
players such telecom companies, bank, etc. this law should be applicable to
natural persons irrespective of their nationality and residence. However, the
minister of election and information technology has appointed an expert group
headed by former supreme court judge B N Srikrishna to draft a data protection
The decision to constitution the group was communicate by the UIDAI to
supreme court as part of its arguments in the right to privacy case. Under the
IT Act, 2000, sec. 66-A is applicable and sec. 500, 506 and 507 of IPC, 1860 are
applicable. The accused may be punished for a term which may extend to three
years and with fine. As per sec.77-B of IT Act, 2000 the offence will be
cognizable and to bailable while if sec.500 of IPC is applied for the said
offence under the case of public servant is non-cognizable, bailable,
compoundable with permission of the court.
Case Law Aadhar Case
swamy v. union of India AADHAAR is the national identity project for new
agency formed UIDAI (unique identification authority of India to issue the card.
It is use biometric data like fingerprint, eyes scan, face structure. All the
data are stored in a centralized data base. After that, the government made
Aadhaar mandatory for various welfare schemes such as subsidized food under
public distribution system, Mid-Day Meal Scheme And Mahatma Gandi Rural
Employment Guarantee Scheme, Ect..
This Aadhar scheme was challenged by the
retired judge of Karnataka high court K.S Putt swamy before the SC. Therefore,
the primary question to be considered by the Apex court was whether the
provisions of the act were contrary to the right to privacy which has been
established as a Fundamental Rights sometime before.
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