RIGHT TO PRIVACY

MEANING OF PRIVACY

According to Blacks Law Dictionary right to be let alone; the right of a person to be
free from any unwarranted publicity; the right to live without any unwarranted
interference by the public in matters with which the public is not necessarily
concerned.
Privacy, however, is not only about hiding something or keeping it secret. It is, at its
core, the right to be left alone. It is an expectation that society will not interfere in the
choices made by the individual so long as they do not effect them.

CASE LAWS

Semayne v. Gresham (1604)

It is the case in which right to privacy came into notice of common law for the first
time.

Olmstead v. United States (1928):

It is the case of wire-tapping or electronic surveillance without actual physical

invasion. Though the majority held that the electronic interception is not a violation of
the right to privacy of an individual.but on the other hand, Minority dissent of justice
Brandeis stated that the 14th amendment protected the right to privacy which meant
"the right to be let alone" In Indian Constitution right to privacy has not been
recognised as an explicit fundamental right.

However, It can be impliedly traced under article 21 of the constitution which states:
No person shall be deprived of his life or personal liberty except according to
procedure established by law.
A.K. Gopalan v union of India (1950)
In this case the Supreme court held that the expression personal liberty under
article 21 means nothing more than the liberty of the physical body that is an
individual enjoys freedom from physical restraint and coercion which is not
authorised by law .

R. Rajgopal v state of Tamil nadu (1994)

In this case it was said that a citizen has a right to safeguard the privacy of his own,
his family, marriage, procreation, among other matters.

Rayala v Rayala (2008)

In this case it was said that husband tapping conversation of his wife with others
seeking to produce in court as an evidence , violates her right to privacy under article
21

PUCL v. Union of India (1997)

Telephone tapping is a serious invasion on the right to privacy of an individual under

article 21 and should not be resorted to by the state unless necessitated by public
emergency or in the interest of public safety

Privacy, however, is not only about hiding something or keeping it secret. It is, at its
core, the right to be left alone. It doesnt mean that one is withdrawing from society. It
is an expectation that society will not interfere in the choices made by the person so
long as they do not cause harm to others. It means that ones right to eat whatever one
chooses, the right to drink what one chooses, the right to love and marry whom one
chooses, to wear what one chooses, among others, are rights which the state cannot
interfere with.
Supreme Court on the Right to Privacy

Although the nine-judge bench has been constituted to decide whether there is a
fundamental right to privacy protected under the Constitution
The nine-judge bench was necessitated in the first place because while multiple
judgements have held that there is common law right to privacy (claimed against
other individuals and entities), there was doubt as to whether such a right could be
claimed against government.

The Union government has argued that it does not think that the right to privacy is a
fundamental right protected under the Constitution. that the framers never intended
privacy to be a fundamental right available to citizens. Given the Supreme Courts
recent approach where it has not been hesitant to depart from the narrow
interpretation of the Constitution when the situation demands it (such as appointment
of judges), perhaps this approach may not find much judicial favour.
A nine-judge bench of the Supreme Court holding that the Constitution guarantees a
right to privacy will, however, only settle one issue that there is a right to privacy
guaranteed against state intervention. To what extent this right can be claimed and in
what circumstances the state may be allowed to intrude will have to be decided on a
case by case basis.
Whatever the final judgment, the implications will go far beyond just the Aadhar
scheme and law. The law laid down by the Supreme Court on privacy could affect the
course of development of the law governing reproductive rights, gay rights, beef bans,
prohibition, among a host of other issues that the Indian state and society are
grappling with.
AGAINST THE MOTION

Privacy is sometimes defined as an option to have secrecy. Richard Posner said that
privacy is the right of people to "conceal information about themselves that others
might use to their disadvantage".

Control over one's personal information is the concept that "privacy is the claim of
individuals, groups, or institutions to determine for themselves when, how, and to
what extent information about them is communicated to others." Charles Fried said
that "Privacy is not simply an absence of information about us in the minds of others;
rather it is the control we have over information about ourselves."Control over
personal information is one of the more popular theories of the meaning of
privacy. Nevertheless, in the era of big data, control over information is under
pressure.

Privacy can mean different things in different contexts; different people, cultures, and
nations have different expectations about how much privacy a person is entitled to or
what constitutes an invasion of privacy.

The fundamental rights are the basic human rights guaranteed to a person against a
state.

In a country like India, national security has to be given more preference over
privacy. National Security means the security of nation against threats such as war,
espionage and terrorism. National security includes the sovereignty, territorial
integrity, economic stability, and upholding of the Constitution. A threat to National
Security includes

(a) domestic and international terrorist acts

(b) espionage that is directed against the country or otherwise detrimental to the
country

(c) sabotage directed against the vital national infrastructure of the country,
(d) organized crime directed against the country or otherwise detrimental to the
security of the country

(e) drug, arms, and human trafficking directed against the country or otherwise
detrimental to the security of the country

(f) illegal international proliferation of weapons of mass destruction as well as

materials and tools required for production,

(g) illegal trafficking of internationally controlled products and technologies, and

(h) organized acts of violence against ethnic or religious groups.

Reasonable restrictions can be imposed on the right to privacy in the interest of the
sovereignty and integrity of India, the security of the State, friendly relations with
foreign States, public order, decency or morality, or in relation to contempt of court,
defamation or incitement to an offence; (Article 19(2) of the Constitution of India,
1950)

Aadhar Card

The benefits of Aadhar card are as follows

1. To gain subsidies and benefits

2. To prevent corruption
3. To avoid terrorism

The government is also planning to set up a Robust Data Protection

Mechanism to avoid terrorism.