RIGHT TO PRIVACY

The Right to Privacy is the right of an individual to live with dignity and to protect their personal life, autonomy, and information from arbitrary or unlawful interference. It is recognized as a human right under international law and a fundamental right under Article 21 of the Constitution of India, as affirmed by the Supreme Court in Justice K.S. Puttaswamy v. Union of India (2017).

On August 24, 2017, a nine-judge Constitution bench of the Supreme Court, headed by the then Chief Justice of India (CJI) Justice J. S. Khehar, in the case of Justice K.S. Puttaswamy (Retd.) vs. Union of India, declared that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and in part as freedom in Part III of the Constitution. Now, Right to Privacy is a Fundamental Right (mostly under Art. 21 and additionally under the Part III rights).

Article 12 of the Universal Declaration of Human Rights (UDHR), 1948 and Article 17 of the International Covenant on Civil and Political Rights (ICCPR), 1966 guarantee protection against arbitrary or unlawful interference with an individual’s privacy, family, home, correspondence, honour, and reputation, and affirm the right to legal protection against such interference or attacks.

In many countries, such as the USA, Canada, South Africa, Brazil, Switzerland, Japan, UK, and countries in the EU (European Union), the right to privacy is available as a fundamental right.

The Supreme Court overruled its two previous judgments on this issue, namely:

1. An eight-judge bench judgment in the case of M P Sharma vs. Satish Chandra 1954.

2. A six-judge bench judgment in the case of Kharak Singh vs. State of UP 1962.

In both of these cases, the Supreme Court had ruled that the right to privacy is not a fundamental right.

In 2015, the stand of the Union government was that the right to privacy is not a fundamental right, but in 2017, the Union government changed its stand. Attorney General K.K. Venugopal, representing the Union of India, argued that the Right to Privacy can be called a fundamental right with some conditions.

Every aspect of privacy cannot be granted the status of a fundamental right. The right to privacy is a part of the right to freedom but with different aspects that will depend upon different situations.

The safety and security of the country is of utmost importance, and reasonable restrictions can be put on the right to privacy on this ground. Privacy needs minimal regulations. The individuals will retain privacy to their body and mind. Matters concerning marriage, sexuality, relationships, etc., cannot be given absolute protection under the right to privacy.

Similarly, the government can use personal data available through passport, IT returns, Aadhar card, bank details, credit/debit card, social networking, etc., for making various schemes for the welfare of the masses.

Challenges to the Right to Privacy -

● Conflict with Other Rights: Balancing privacy with the right to life, public health, and national security is often challenging.

● Digital Divide: Low digital literacy and awareness increase the risk of data misuse.

● Communication Surveillance: Government interception of communications under the Indian Telegraph Act, 1885 and Information Technology Act, 2000 raises privacy concerns.

● Regulatory Gaps: Despite Justice K.S. Puttaswamy (2017) recognizing privacy as a fundamental right, effective implementation and enforcement remain inadequate.

● Technological Challenges: Rapid growth of AI, biometrics, and big data poses new threats to personal privacy.

Note - Part III of the Constitution deals with Fundamental rights (Art 12 to 35).