By: Rakshita Raj
Protecting individual’s right: The legal implications of Puttaswamy Judgment.
The privacy is a word often used in the growing India. Is this privacy so important in anyone’s life that it can infringe the rights of others. The Biometrics identification is one of the most private pillar of every citizen in India. Right to privacy can be one of the fundamental rights of the citizens. Isn’t it? But are their any provisions or any articles in the Constitution which states or accepts privacy as a fundamental right?
Right to Privacy- Fundamental right or Human Right: –
It is believed that everyone has the fundamental and human right to privacy. It is acknowledged in numerous national constitutions as well as in several international agreements, including the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights. Since it is thought to be necessary to protect a person’s autonomy, dignity, and personal freedom, the right to privacy is recognised as a fundamental freedom. It includes the freedom from unjustified interference in one’s private affairs, the right to manage one’s personal data, the right to make one’s own decisions, and the obligation to keep one’s privacy private. It is universally recognised as a human right and is safeguarded by both domestic and international legislation. One example of how the right to privacy is recognised is in Article 12 of the Universal Declaration of Human Rights, which says that “No one shall be subjected to arbitrary interference with his privacy, family, home, or correspondence.” Furthermore, Article 17 of the International Covenant on Civil and Political Rights (ICCPR) expressly safeguards the right to privacy. Privacy rights encompass various aspects, including protection against surveillance, confidentiality of personal communications, control over personal data, autonomy in decision-making regarding one’s body, and the right to live without unwarranted interference from the government or other entities.
It is essential for maintaining personal autonomy, fostering trust in relationships, protecting individuals from discrimination and harm, and ensuring a space where individuals can freely express themselves without fear of intrusion or surveillance. The right to privacy is covered under the Directive Principles of State Policy (DPSP) in India. Although it is not explicitly mentioned as a separate right, various aspects of privacy are encompassed within the DPSP, particularly in Article 21 that refers to the protection of life and personal liberty. The Supreme Court of India has interpreted this article to include the right to privacy as an intrinsic part of personal liberty.
The right to privacy stands as a foundational pillar within framework of human rights, representing a fundamental facet of individual autonomy and dignity. It embodies the intrinsic right of every person to safeguard their personal sphere from unwarranted intrusion, ensuring the freedom to make intimate choices, harbor thoughts, and maintain confidentiality in communications. The evolution of this right has been profound, traversing legal, ethical, and societal landscapes, marked by landmark cases such as the Puttaswamy judgement in India. This right extends beyond the physical realm, encompassing the digital domain, where the protection of personal data and autonomy in the virtual space have become pivotal considerations in a discourse around the right to privacy remains not only relevant but also imperative in upholding the essence of individuality and self-determination in contemporary societies worldwide.
The Puttaswamy Judgement, the spine of “Right to Privacy”:
The landmark Puttaswamy case redefined the contours of our fundamental rights by affirming the intrinsic significance of the right to privacy. Within its profound judgement lies the essence of individual autonomy, sanctifying the private sphere as a bastion of personal freedoms. This right stands not merely as a legal shield but as the bedrock upon which our dignified existence thrives. A canvas where one can craft their identity, harbor intimate thoughts, and nurture relationships away from prying eyes. It fosters the autonomy to make personal choices, unfettered by unwarranted intrusions. Just as the heart seeks solitude admits chaos, the right to privacy encapsulates the sanctity of one thoughts, beliefs, and expressions, nurturing a society where individuals flourish their uniqueness without fear of undue surveillance of infringement. It stands as a testament to our humanity, safeguarding the very essence of what it means to be an individual in a free and democratic society.
“Privacy” a word very often used in our growing society. In an age where technology permeates every aspect of our lives, the right to privacy has become an increasingly significant concern. Aadhar, which, everyone has heard of and is much familiar with, has brought a shockwave in the society when it got linked with the biometrics of the individuals. The Puttaswamy judgment, a landmark decision by the Indian Supreme Court in 2017, elevated the right to privacy to the status of a fundamental right, affirming its intrinsic value in preserving human dignity and autonomy.
In the Puttaswamy case, the Aadhaar program was a significant aspect of the legal challenge regarding the right to privacy. Aadhaar is a biometric identification system implemented by the Indian government that assigns a unique 12-digit identification number to residents based on their biometric and demographic data. The judgment recognized privacy as an inherent part of the right to life and personal liberty under Article 21 of the Indian Constitution. It highlighted the need to balance individual privacy rights with legitimate state interests, acknowledging that privacy is not an absolute right but subject to reasonable restrictions.
Precedents and the Provisions interpreted with respect to Right to Privacy:
Article 21 of the Constitution states that, “Protection of life and personal liberty. —No person shall be deprived of his life or personal liberty except according to procedure established by law.”
The Hon’ble Supreme court, Justice Kania and Justice Hiralal J. (Cj), in the case of AK Gopalan v. State of Madras (AIR 1950 SC 27), held that “personal liberty would primarily mean liberty of the physical body,”, thereby meaning that they took a narrow approach of interpretation and limited the scope of Article 21. However, this primitive line of thought was overruled by the Court in further cases.
The Hon’ble Court in the case of Kharak Singh v. State of Uttar Pradesh (1964 SCR (1) 332) stated that “by the term life as here used, something more is meant than mere animal existence.”
Further, in the case of Maneka Gandhi v. Union of India (AIR 1978 SC 597), it was held by the Court that Article 21 of the Constitution has now assumed a “highly activist magnitude. The expression ‘personal liberty’ in Article 21 is of the widest amplitude and it covers a variety of rights which go to constitute the personal liberty of man and some of them have been raised to the status of distinct fundamental rights.” According to Justice P. N. Bhagwati, in the case of Francis Coralie v. Union Territory of Delhi (1981 SCR (2) 516), Article 21, “Embodies a constitutional value of supreme importance in a democratic society.” The scope of Article 21 was further expanded in the case of Justice K S Puttaswamy v. Union of India ((2017) 10 SCC 1), where right to privacy was declared as a fundamental right under Article 21.
The Ultimate purview:
Privacy safeguards individuals from unwarranted intrusion into their personal lives. It shields citizens from arbitrary state interference and protects them from potential abuse of power. Moreover, it fosters an environment where individuals can freely express themselves, make choices, and develop their personalities without fear of surveillance or judgment.
The digital era poses unique challenges to privacy, with concerns surrounding data breaches, surveillance, along with the collection and misuse of personal information. The Puttaswamy judgment’s recognition of informational privacy addresses these contemporary challenges, emphasizing the need for stringent data protection laws and mechanisms to safeguard individuals’ digital footprints. However, effective implementation and enforcement remain crucial to ensure that individuals’ privacy rights are upheld in practice. The Puttaswamy judgment laid the foundation for robust privacy laws in India, influencing subsequent legislative measures such as the Personal Data, Protection Bill. However, effective implementation and enforcement remain crucial to ensure that individuals’ privacy rights are upheld in practice. As technology continues to evolve, the interpretation and application of the right to privacy will also evolve. Striking a balance between technological advancements and privacy rights is essential. Education and awareness about privacy rights among citizens and institutions are imperative to foster a culture that respects and upholds these fundamental rights.
Since, right to privacy does not gives an absolute right to any individual. Where there is threat to national interest, privacy is not taken into consideration. All the information regarding can only be taken into consideration only with the legal permission and in exceptional cases. But no person can deny from giving the information, even though it is private, to the authorities for the equity, justice, and good conscience. As all the fundamental rights comes along with fundamental rights, the same applies with the concept of “privacy.”
Criticisms faced by the Puttaswamy Case Judgement: –
Privacy laws are indeed essential for safeguarding individuals’ rights, but critics argue that these regulations can sometimes impede legitimate state objectives such as law enforcement, national security, or public health initiatives. Achieving a balance between privacy and these objectives requires careful considerations and practices:
- Proportionality and Necessity: Privacy laws should allow for exceptions in cases where the state’s objectives are genuinely necessary. However, these exceptions should be strictly proportionate to the specific goal and the infringement on privacy should be necessary and justified.
- Clear Legal Framework: Establishing a clear legal framework that outlines the circumstances under which privacy can be encroached upon for state objectives is crucial. This prevents arbitrary or unchecked intrusion into individuals’ privacy.
- Oversight and Accountability: Implementing robust oversight mechanisms ensures that any breach of privacy for state objectives is accountable and subject to review. Independent bodies can monitor and assess the necessity and proportionality of these actions.
- Transparency and Public Trust: Governments should be transparent about their use of exceptions to privacy laws for legitimate objectives. Building public trust by communicating the necessity and limitations of such intrusions is vital.
- Technological Solutions: Employing technological advancements like privacy-enhancing technologies or encryption can help achieve both privacy protection and the fulfilment of state objectives, enabling a more harmonious coexistence.
- International Cooperation: Collaboration and alignment between countries regarding privacy laws and exceptions can prevent conflicts and ensure a consistent global approach while respecting individual rights.
Balancing privacy with legitimate state objectives is a complex task that requires continuous reassessment and adjustment. The aim should be to protect individual privacy rights while also ensuring the state can effectively fulfil its crucial functions.
Pending Data Privacy Legislation
The Personal Data Protection Bill (PDPB) is a piece of pending data privacy legislation.
The Personal Data Protection Bill (PDPB) provides standards for the acquisition, storage, and transfer of personal data with the goal of regulating its processing in India. It suggests dividing data into three categories: critical, sensitive, and personal, each with its own set of rules. The bill describes individual rights regarding their data as well as requirements for data fiduciaries and processors. For effective implementation following things can be made:
- To create a legal framework for data protection and privacy, the Indian government must give priority to passing the pending data privacy bill. After the law is passed, comprehensive instructions and explanations should be given for interpreting and applying its most important aspects.
- For the Pending Data Privacy Bill to be implemented as effectively as possible, it is imperative that an independent regulatory body known as the Data Protection Authority be established to supervise and enforce its requirements. Launching educational programmes and public awareness efforts to educate the public about their rights and obligations under the data protection legislation. Making sure that companies and institutions follow the new rules by offering advice, materials, and possibly even grace periods to adjust to the adjustments.
- Collaborating with other countries and international bodies to align India’s data protection laws with global standards, especially when dealing with cross-border data flows.
- Regularly reviewing the legislation to adapt to evolving technological advancements and emerging privacy challenges.
- Effective implementation of the PDPB is crucial to safeguarding individuals’ privacy rights as established by the Puttaswamy judgement. It requires a multi-faceted approach involving legal enactment, regulatory oversight, public education, and industry compliance to ensure comprehensive data protection measures are in place.
So, is right to privacy an absolute right?
In most jurisdictions, including India, the right to privacy is not an absolute right and can be subject to limitations, especially in certain circumstances such as criminal investigations or national security concerns. When an individual is accused of a serious offense and is on the run, law enforcement agencies may, under certain legal procedures and with proper authorization, use various investigative techniques to track the individual’s whereabouts and gather information related to their activities, including:
Mobile Location Tracking:
Law enforcement may request access to track the individual’s mobile phone’s location through the service provider. This is usually done through legal means such as obtaining warrants and court’s order.
Call records:
Authorities can seek access to call records or metadata related to the individual’s communication history. This might include details like the numbers, call durations, timespan, etc.
Chats and messages:
In some exceptional cases, with legal permissions and correct legal authorization, law enforcement can request access to the content of the message or chats on various platforms as a part of their investigation.
But these actions require due process and legal authorization. The government or law enforcement agencies must follow specific procedure and obtain warrants or courts order to carry the action.
Conclusion
The Puttaswamy judgment represents a pivotal moment in the recognition and protection of the right to privacy in India. It underscores the significance of privacy in upholding individual dignity, autonomy, and freedom. Upholding and safeguarding the right to privacy is not just a legal imperative but a moral and ethical responsibility, ensuring that individuals have the space to thrive and flourish in an increasingly interconnected world. Test of Proportionality is the main aspect to be seen in the concept of right to privacy. The judgement stands as a beacon in the realm of fundamental rights jurisprudence, underscoring the intrinsic value of privacy in upholding the foundational principles of the Indian Constitution. It reinforces the essence of individual autonomy, dignity, and freedom in a society where privacy rights are indispensable to safeguard against unwarranted intrusion and foster an environment conducive to personal growth and expression within the ambit of constitutional principles.
FAQs
1. What is the right to privacy in India? The right to privacy in India is a fundamental right recognized under Article 21 of the Indian Constitution, which protects the right to life and personal liberty. It was affirmed by the Supreme Court in the landmark Puttaswamy judgment in 2017.
2. What was the Puttaswamy judgment? The Puttaswamy judgment, delivered by the Supreme Court of India in 2017, declared that the right to privacy is a fundamental right under the Indian Constitution. The case involved Justice K.S. Puttaswamy challenging the Aadhaar biometric identification system.
3. How does the Puttaswamy judgment impact the Aadhaar system? The Puttaswamy judgment raised concerns about privacy in relation to the Aadhaar system, emphasizing the need for a balance between individual privacy rights and state interests. It led to stricter regulations on how Aadhaar data could be used and stored.
4. What are the key components of the right to privacy? The right to privacy includes freedom from unwarranted interference in private affairs, control over personal data, the right to make personal decisions, and protection from surveillance.
5. Is the right to privacy absolute? No, the right to privacy is not absolute. It can be subject to reasonable restrictions, especially in cases involving national security, public health, and law enforcement.
6. What are some landmark cases related to the right to privacy in India? Some landmark cases include AK Gopalan v. State of Madras, Kharak Singh v. State of Uttar Pradesh, Maneka Gandhi v. Union of India, and Francis Coralie v. Union Territory of Delhi.
7. What is the Personal Data Protection Bill (PDPB)? The PDPB is a pending data privacy legislation in India aimed at regulating the processing of personal data. It categorizes data into critical, sensitive, and personal, and outlines individual rights and responsibilities for data fiduciaries.
8. How does the right to privacy protect individuals in the digital age? The right to privacy protects individuals from data breaches, surveillance, and misuse of personal information. It emphasizes the need for data protection laws and mechanisms to safeguard digital privacy.
9. What challenges does the right to privacy face in the digital era? Challenges include data breaches, government surveillance, misuse of personal data by companies, and the need for robust data protection laws.
10. How can individuals protect their privacy? Individuals can protect their privacy by being cautious about sharing personal information online, using encryption, and understanding their rights under data protection laws.
11. What role does the government play in protecting privacy? The government is responsible for enacting and enforcing data protection laws, ensuring that privacy rights are upheld, and balancing these rights with legitimate state interests.
12. How has the right to privacy evolved over time? The right to privacy has evolved through various judicial interpretations and landmark cases, expanding from a narrow understanding of personal liberty to a broad recognition of individual autonomy and dignity.
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