‘Right to privacy’ has a broad meaning and it cannot be interpreted in a narrow manner. The scope of the expression ‘privacy’ extends to physical integrity, free speech, individual autonomy, and freedom to move, etc. It is not only limited to ones’ body but the right extend to data, speech, expression, free will, and a lot more. The modern societies around the globe recognize that privacy is essential not only for humanitarian reasons but it is significant from a legal point of view as well.
Right to Privacy in India
The right is recognized under Article 21 of the Constitution of India. This right is freely interpreted and it includes all aspects of a life that makes a person’s life easy, meaningful and safe for every individual. The issue of ‘right to privacy’ was first came up in 1962 in the case of Kharak Singh vs. the state of UP, the Supreme Court held that Regulation 236 of the UP Police Regulations has violated Article 21 the Constitution of India. In the instant case, the court held that the right to privacy is part of the right to protect life and personal freedom. The court recognized the right to privacy with personal freedom is applicable on every individual.
In another case of Maneka Gandhi vs. Union of India, in 1978, the Court laid down the triple test with regard to interference of personal liberty:
- It must prescribe a procedure;
- The procedure must withstand the test of one or more of the fundamental rights conferred under Article 19 which may be applicable in a given situation and
- It must withstand the test of Article 14.
The Court held that the interference with ones’ rights need not be arbitrary, unfair or non-genuine. It clarified that it shall be valid if the same is fair, genuine and legal. Now, the right to life and liberty under Article 21 of the Constitution consists of the right to privacy as well.
RIGHTS AND OBLIGATIONS OF THE MEDIA
The conflict between right to know and the privacy by imaging relationship and situation pertinent to both concluded that the right to know and right to privacy are two of the most ambiguous legal area today facing government and the court, the public and individuals. The welfare of the society is the primary duty of every civilized state.
The development of the right to information as a part of the Constitution Law of the country started with petitions of the press to the Supreme Court for enforcement of certain logistical implications of the right to freedom of speech and expression such as challenging governmental orders for control of newsprint bans on distribution of papers, etc. It was because of these cases that the concept of the public’s right to know developed.
Right to privacy
Extreme caution has to be maintained on the news as to not reveal the identity of the women or any obscene pictures of any rape or sexual assault even though that information can be vital for the case. There should not be any obscene or vulgar images or comments about any individual.
ONLINE WORLD AND RIGHT TO PRIVACY
The virtual world is different from the real world and at the virtual world the infringement of privacy and related rights are totally different. It is very common that people make fake accounts on social media by using fake address, fake identity and they even use photos of some third person without their knowledge and permission. Given the pivotal role played by such intermediaries in the virtual world, it has been imperative to channel and protect their conduct through legislation.
The Information Technology Rules of 2011 provides for the due diligence that needs to be exercised by intermediaries and it also mandates the publication of rules, regulations, user agreements, and privacy policies. It is further provided that such rules and regulations needs to make the user aware to not to host, display, publish, modify, transmit, or share any information causing infringement of patent, trademark, copyright or other proprietary rights.
Even after having a number of rules, regulations there are many grey areas in Intellectual Property law, the owners of the websites must work harder to protect valuable information by restricting its access to necessary personnel. The data of every individual is very vulnerable online, your photos, mobile number, and other details are easily available that can be accessed and attained by anyone. This encroaches the right to privacy of an individual and it pertains to many risks.
The Aadhaar judgement versus Right to Privacy
The Aadhaar Act grants residents the right to receive an Aadhaar number by submitting biometric and demographic information as part of the enrolment procedure. The Apex Court of India, determined whether the Aadhaar Act’s provisions were in infringement to the right to privacy that is a fundamental right of every citizen. As most of the organizations ask for aadhar card number through which they can procure the details pertaining to that person.
Hence, the question is whether this constituted an infringement of the right to privacy, but rather whether it was a legitimate exemption. The Supreme Court of India has over turned a few sections of the Aadhaar Act as it failed to meet the proportionality standard. The Court also found that the Aadhaar Act serves a legitimate state goal, as a whole, and is proportionate, that makes it a justifiable exception to the right to privacy.
GOVERNMENT STEPS TO PROTECT PRIVACY
Personal Data Protection Bill 2019: To ensure the protection of individuals’ privacy with regard to their personal data, and for establishing a Data Protection Authority the Bill was passed in 2019, based on the recommendations of the B N Srikrishna Committee.
Information Technology Act, 2000: The Act was introduced in 2000 and it ensure protection against data breaches pertaining to computer systems. The Act contains safeguard to prevent unwanted access to computers, electronic devices and data stored.
Conclusion
To conclude, it is stated that ‘right to privacy is not an absolute right and reasonable restrictions can be imposed on it’. The same was recognized by the Court in the case of Thappalam Service Cooperative Bank Limited v. St. of Kerala (2013) 16 SCC 82. In the instant case, it was clarified by the court that the fundamental right to privacy is not an absolute right and it will always be subject to reasonable restrictions. The State can impose reasonable restrictions on the right to privacy ensuring the protection of the legitimate interest of the State. It further clarified that it can be done in three ways: a. Existence of a law justifying encroachment on privacy; b. A legitimate State aiming to ensure that the nature of law falls within the ambit of reasonableness and operates to guard against arbitrary State action; and c. the means that are adopted by the state are proportional to the objects that are to be fulfilled by law.