03-Jul-2025
Right To Privacy
Why in News?
The Madras High Court emphasized the Right to Privacy, ruling that telephone tapping violates this right if done for covert crime detection. It is legally permissible only during public emergencies or safety threats, reinforcing privacy protections under Indian law.
Right to Privacy
The Right to Privacy allows individuals to control personal data, make free choices, and stay protected from surveillance.
- Legal Basis
- India: Recognised as a Fundamental Right under Article 21 (K.S. Puttaswamy case, 2017).
- Global: Mentioned in Article 12 (Universal Declaration of Human Rights, 1948) & Article 17 (International Covenant on Civil and Political Rights, 1966).
Evolution in India
Scope of Right to Privacy
- Personal Autonomy: Bodily integrity, dignity and decision-making.
- Data Protection: Control over digital and sensitive personal data.
- Freedom of Expression: Speak freely without fear of monitoring.
- Surveillance Protection: Guards against intrusive tracking.
Legal Framework
- IT Act, 2000: Section 43A for compensation on data breach.
- Surveillance Laws
- Indian Telegraph Act, 1885
- IT Act, 2000 (Allow lawful interception with limits)
- B.N. Srikrishna Committee (2018): Recommended a Data Protection Law.
Digital Personal Data Protection Act, 2023
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Preparing Through MCQ
Q. Which of the following statements best describes the Right to Privacy as recognised in India?
(1) It is only a statutory right under the Information Technology Act, 2000.
(2) It is guaranteed under Article 19 of the Constitution as freedom of expression.
(3) It is a Fundamental Right under Article 21, as declared in the K.S. Puttaswamy judgment (2017).
(4) It is applicable only to Indian citizens and excludes foreigners.
Answer: (3) It is a Fundamental Right under Article 21, as declared in the K.S. Puttaswamy judgment (2017).