Right to Privacy
Right to privacy is a fundamental right guaranteed under Article 21 of the Indian Constitution, a nine-judge Constitution bench of the Supreme Court said on Thursday in a historic ruling. This judgment will now have an impact on the Aadhaar validity case and on Section 377 which criminalises homosexuality.
The Right to Privacy verdict now means intimate details regarding marriage, sexuality and relation with family are protected. Private details such as parting of personal data by use of credit card, social network platforms, I-T declarations are protected. All public details, where privacy protection requires minimal regulation, are also protected.
Aadhaar – The Supreme Court had made a deliberate attempt to divorce the issue of fundamental right to privacy from the constitutional challenge to Aadhaar, but the ruling on whether Right to Privacy is a fundamental right under Article 21 or not will still have a direct bearing on the Aadhaar case. Firstly, the contention of the petitioners that when a citizen gives his biometrics and personal details to the government and when in turn it is used by commercial organizations, it is a breach of privacy.
The landmark verdict has bolstered the proposition of the petitioners. Petitioners had also apprised the court during the hearings about the leak of Aadhaar numbers and how fingerprints can be easily reproduced which may enable theft, etc. However, since this case has no relation to the Aadhaar case, an independent verdict on Right to Privacy will weigh in heavily to determine whether at all Aadhaar stands the test of constitutional scrutiny or not.
The Constitution bench on Thursday did not say anything categorical on biometrics for Aadhaar.
Naz Foundation verdict – The top court in this case had held that Section 377 of the Indian Penal Code discriminated against a particular section of individuals in the society on the basis of sexual orientation and condemned Section 377. However, it did not strike down the provision and stated that it was not the role of judiciary to do so and was the job of the Parliament.
In this case, the apex court laid down three categories under which the term ‘privacy’ must fall for an individual to avail the said right. The court stated that the personal liberty of a person must satisfy a triple test which is:
(i) It must prescribe a procedure;
(ii) The procedure must withstand a test of one or more of the fundamental rights conferred under Article 19 which may be applicable in a given situation; and
(iii) It must also be liable to be tested with reference to Article 14.
Now that Right to Privacy is upheld, the verdict on LGBT rights will be susceptible to being challenged.
DNA Profiling Bill – The first DNA Profiling Bill was prepared in 2007 and has since then undergone a lot of changes. The latest is the “Use and Regulation of DNA Based Technology Bill, 2017.”
The biggest concern regarding this bill is that it has left the task of defining of privacy and security safeguards to regulation which includes implementation and sufficiency of protection, appropriate use and dissemination of DNA information, accuracy, security and confidentiality of DNA information, timely removal and deletion of obsolete or inaccurate DNA information, and other steps as necessary.
DNA is not foolproof and false matches can take place for multiple reasons. Here, the privacy concerns arise and now that the Supreme Court has upheld Right to Privacy, chances of the bill being shelved is high unless all privacy and safety regulations are taken into account. Especially, when something concerns a bodily right such as the DNA of an individual, he would reserve the ultimate to invoke the breach of right to privacy as a fundamental right
The Right to Privacy verdict now means intimate details regarding marriage, sexuality and relation with family are protected. Private details such as parting of personal data by use of credit card, social network platforms, I-T declarations are protected. All public details, where privacy protection requires minimal regulation, are also protected.
Aadhaar – The Supreme Court had made a deliberate attempt to divorce the issue of fundamental right to privacy from the constitutional challenge to Aadhaar, but the ruling on whether Right to Privacy is a fundamental right under Article 21 or not will still have a direct bearing on the Aadhaar case. Firstly, the contention of the petitioners that when a citizen gives his biometrics and personal details to the government and when in turn it is used by commercial organizations, it is a breach of privacy.
The landmark verdict has bolstered the proposition of the petitioners. Petitioners had also apprised the court during the hearings about the leak of Aadhaar numbers and how fingerprints can be easily reproduced which may enable theft, etc. However, since this case has no relation to the Aadhaar case, an independent verdict on Right to Privacy will weigh in heavily to determine whether at all Aadhaar stands the test of constitutional scrutiny or not.
The Constitution bench on Thursday did not say anything categorical on biometrics for Aadhaar.
Naz Foundation verdict – The top court in this case had held that Section 377 of the Indian Penal Code discriminated against a particular section of individuals in the society on the basis of sexual orientation and condemned Section 377. However, it did not strike down the provision and stated that it was not the role of judiciary to do so and was the job of the Parliament.
In this case, the apex court laid down three categories under which the term ‘privacy’ must fall for an individual to avail the said right. The court stated that the personal liberty of a person must satisfy a triple test which is:
(i) It must prescribe a procedure;
(ii) The procedure must withstand a test of one or more of the fundamental rights conferred under Article 19 which may be applicable in a given situation; and
(iii) It must also be liable to be tested with reference to Article 14.
Now that Right to Privacy is upheld, the verdict on LGBT rights will be susceptible to being challenged.
DNA Profiling Bill – The first DNA Profiling Bill was prepared in 2007 and has since then undergone a lot of changes. The latest is the “Use and Regulation of DNA Based Technology Bill, 2017.”
The biggest concern regarding this bill is that it has left the task of defining of privacy and security safeguards to regulation which includes implementation and sufficiency of protection, appropriate use and dissemination of DNA information, accuracy, security and confidentiality of DNA information, timely removal and deletion of obsolete or inaccurate DNA information, and other steps as necessary.
DNA is not foolproof and false matches can take place for multiple reasons. Here, the privacy concerns arise and now that the Supreme Court has upheld Right to Privacy, chances of the bill being shelved is high unless all privacy and safety regulations are taken into account. Especially, when something concerns a bodily right such as the DNA of an individual, he would reserve the ultimate to invoke the breach of right to privacy as a fundamental right
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Oct 31
PRIVACY is privacy and in any cost it should be protected.what the model in case of Europe, it is safeguarded, why donor ours.
Aug 26
People had better not get too excited about right to privacy. It is mostly criminals and violent extremists who have a lot to hide behind such rights. Ordinary people put out all information about themselves voluntarily on Facebook, WhatsApp etc, and when shopping, applying for credit cards, loans etc, or even applying for a job. So ordinary, law abiding citizens really do not need any new judgements about his right. One hopes that the judgement has given enough leeway for the government to prevent criminals, including tax evaders and other cheats from misusing this right.
Aug 26
Privacy seems to be too overstretched word in the present context. Article 21 provides everything to citizens; with respect to the word 'Privacy'.
Does common man have to worry about misuse of personal data by Govt/Quasi Govt/ Private/ fraudulant NGOs/ Criminal Organisations ? What common man has to hide from these agencies? Black money? Connection with terrorist groups ? International criminals?
I do not feel so. The common man worries about the basics like 'Roti, Kapda aur Makaan'.
The aadhar card is a technologically wonderful thing happened for the common citizen in India which may have a few parallels in the world. Ever since its birth there are many attempts to kill it. When it will be stopped?
Does common man have to worry about misuse of personal data by Govt/Quasi Govt/ Private/ fraudulant NGOs/ Criminal Organisations ? What common man has to hide from these agencies? Black money? Connection with terrorist groups ? International criminals?
I do not feel so. The common man worries about the basics like 'Roti, Kapda aur Makaan'.
The aadhar card is a technologically wonderful thing happened for the common citizen in India which may have a few parallels in the world. Ever since its birth there are many attempts to kill it. When it will be stopped?
Aug 26
The linking of aadhar in most of the cases is justified, but privacy must be maintained.
Aug 26
Now it is worthwhile to examine whether the demand by most of the mobile application asking access to all personal data like file, photograph ,mails , SMS etc will be considered illegal and such action will be stopped .
Aug 25
