A NATIONAL VIEW OF INDIA’S EVOLUTION OF THE RIGHT TO PRIVACY

Best Citation – Arti P. Gadre & Prof (Dr.) Bhagyshree A. Deshpande, A NATIONAL VIEW OF INDIA’S EVOLUTION OF THE RIGHT TO PRIVACY, 3 IJLR 61, 2022.

ABSTRACT

One of the most important rights includes the right to privacy. Regardless of the constitutional obligation, neither the Government nor the assembly of any State has passed any legislation outlining the rule of law addressing this matter. The increased use of technology for data analysis in the modern period has presented significant challenges to both the states and the general public. The Supreme Court of India has ruled that the right to privacy is guaranteed by the Indian Constitution and that it is implied in the fundamental rights to life and personal freedom, freedom of expression, and freedom of movement. However, a year after making its first ruling, the same court ruled that the Aadhaar Act 2016, which allows the state to collect some private information including iris scans and fingerprints, is constitutional. Without suitable standards, exchanging data through new technology tools is not particularly safe. The sufferer has no other appropriate venue to bring his claim than the regular courts, which are already overworked, in cases of duty violation by any official involved in data collection and storage. The acknowledgement of the right to privacy as a fundamental right has also had an impact on other civil liberties that persons may assert in support of their right to privacy. It is important to note that the judicial system recognises the right to privacy as a fundamental right and that many governmental actions and legislation may be challenged because of grounds that they violate this right. In this article, the researcher seeks to explain the development of the right to privacy in India by comparing it to other nations’ positions on the subject, as well as the problems and difficulties associated with putting it into practice.

KEYWORDS: Fundamental Rights, Personal Liberty, Right to Privacy and Data Protection