Privacy defined- The right to be left alone

People generally attach different meanings to the word privacy - shame, isolation, intimacy,
confidentiality or secrecy. Privacy, however is more than just hiding something or keeping it
secret. It is in essence the right to be left alone. It is the ability or entitlement of an individual to
seclude oneself and share information about oneself selectively.
The right to be left alone as the basic proposition of right to privacy was first enunciated by
Samuel Warren and Louis Brandeis in a law article published in 1890 Harvard Law Review.
Since then Privacy laws and constitutions of many countries have reaffirmed the right to privacy
of an individual and treat it as a part of fundamental right to life and liberty.
In USA, the constitutional provisions of ‘Fourth Amendment’ forms the basis of a “right to
privacy,” the right to be left alone. It considers enjoyment of personal privacy as fundamental
to a free and civil society.
In Europe, Article 8 of the European Convention on Human Rights (an international treaty to
protect human rights and fundamental freedoms in Europe) stipulates that everyone has the
right to respect for his private and family life, his home and his correspondence.
In India too, Supreme Court in its landmark judgement in the case - Justice K.S Puttaswamy
(Retd.) v. Union of India and Others, upheld privacy to be a fundamental right under the
Constitution of India. It proclaimed that right to privacy is protected as an intrinsic part of the
right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by
Part III of the Constitution. The Judgment acknowledges that Privacy allows each individual /
person to be left alone. The right to Privacy is an inalienable right to protect the individual from
unwanted intrusion into their private life, including sexuality, religion, political affiliation, etc..
The judgment recognizes that privacy was intrinsic to other liberties guaranteed as
fundamental rights under the Constitution. It is an element of human dignity, and ensures that
a human being can lead a life of dignity by, among other things, exercising a right to make
essential choices, to express oneself, dissent, etc.

What are different types of Privacy

What is considered private may differ among cultures and individuals. Different cultures and
nations have varied outlook about privacy or what constitutes an invasion of privacy. Privacy
pertaining to individuals may relate to Personal Privacy or Informational privacy.

Personal Privacy relates to Bodily privacy - privacy in relation to the exposure of their body to
others or Spatial privacy- Privacy of a space, such as family life and intimate relations. People
may like to preserve their privacy through covering their body with clothes or seeking seclusion.
Physical privacy is about preventing any intrusions in to one’s physical space. Trespassing,
Stalking and Voyeurism are considered crime in all societies. Most of the nation’s guarantee
rights to individual against any unauthorized searches of their body and possession.

Informational Privacy - Information or data privacy is about ownership rights to information

about individuals, how such information can be collected, processed, stored or shared by
anyone. Individuals have rights to data – personal identifiable information about themselves
and may object to any information such as their religion, sexual orientation, political affiliations,
or personal activities being revealed to avoid any discrimination, embarrassment, or damage to
their professional reputations. Information privacy may relate to;

Financial privacy- about safeguarding a person's financial transactions or privacy about Bank
accounts to avoid any fraud or identity thefts.
Internet Privacy- This may include concerns about who has access to such information shared
on internet, emails, social messaging platforms- Facebook, What’s app, etc., and for what
purposes one's information may or may not be used.
Medical Privacy- about protecting information about one’s health, medical conditions and
records and even sexual preferences. Sharing of such information could result in
embarrassment, affect their insurance coverage or employment.
Political & Religious beliefs- Sharing of information relating to this could result in persecution
of an individual and hamper his or her freedom to exercise one’s beliefs and choices.