Recognition Of Privacy As a Fundamental Right

Author-Simran Kapoor, College-Geeta Institute of Law

Introduction

Nowadays, when innovation and technology have completely changed the way we work, live, and communicate, privacy has become a fundamental part of being human. Concerns over the gathering, storing, and use of personal data have grown as a result of the quick development of digital technologies, social media, and data-driven industries. This emphasizes the necessity of a strong framework to safeguard individual privacy.

Previously regarded as a privilege, the right to privacy has developed into a fundamental human right that is necessary for the growth of personal autonomy, dignity, and self-expression. The slow process of acknowledgment of privacy as a fundamental right has been influenced by national constitutions, international agreements, and court rulings.

The historical ruling of The Supreme Court of India in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) is a dramatic shift in the country’s understanding of privacy as a basic right. By Article 21 of the Constitution, the Court unanimously ruled that the right to privacy is an intrinsic and unalienable one that is essential to the right to life and liberty.

The boundaries of state authority, data protection, and individual privacy are all significantly impacted by this acknowledgment. It highlights the value of privacy in the digital era and the necessity of strong data protection regulations, security measures against monitoring and interception, and personal data protection. This conversation will explore the subtleties of privacy, its acknowledgment, and its relevance in the contemporary world, emphasizing how crucial it is to defend this fundamental right in the face of new threats and developments in technology.

What is the right to privacy?

The right to privacy is a Fundamental Right that shields people against unjustified meddling in their private lives, including the disclosure of personal information, affiliations, and opinions. One has the right to decide how their personal information is shared and to manage who can access it.

The right to privacy includes:

Bodily privacy: The right to be in charge of one’s bodily self and area.
Informational privacy: The authority over one’s data and personal information.
Associational privacy: The right to secrecy in associations and interpersonal interactions.
Decisional privacy: The freedom to choose for oneself without external influence.

For personal freedom, dignity, and self-expression, privacy is crucial. It shields people from:

Monitoring and surveillance
Cyberattacks and data breaches
Fraud and identity theft
Unwelcome interference and mistreatment
Sharing sensitive data without authorization

The preservation of individual liberties and rights in the digital era depends on the right to privacy, which is guaranteed by international human rights law, national constitutions, and court rulings.

Evolution of the Right to Privacy

The concept of privacy originated in ancient times when philosophers like Aristotle and Plato acknowledged the value of individual privacy. However, the right to privacy did not start to emerge as a distinct legal idea until the 19th century. The Harvard Law Review article “The Right to Privacy,” written by Samuel Warren and Louis Brandeis in 1890, served as a framework for contemporary privacy law.

The fundamental right to privacy was acknowledged in 1948 by the Universal Declaration of Human Rights (UDHR), which said that “no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and respect in society. There are many international and national legislation that have established the right to privacy, such as the General Data Protection Regulation (GDPR) in the European Union and the International Covenant on Civil and Political Rights (ICCPR).

International recognition of the right to privacy as a fundamental right

The right to privacy is recognized by the international community as a fundamental human right that forms the cornerstone of numerous other rights. The 1948 Universal Declaration of Human Rights (UDHR) and the 1966 International Covenant on Civil and Political Rights (ICCPR) both recognize privacy as a right.

Article-12 of UDHR and Article-17 of ICCPR: According to these articles individual privacy is protected by law against any arbitrary interference. The private rights of those communities are recognized and safeguarded by special conventions for the protection of the rights of special groups, in addition to international treaties like the UDHR and ICCPR.
Article 16 of the Convention on the Rights of the Child, 1989: According to this article Children are protected by the law from arbitrary and unlawful invasions of their home, family, correspondence, and privacy. Their honor and reputation are also protected from unlawful attacks.
Article 14 of the 1990 International Convention: According to this article Rights of All Migrant Workers and Members of Their Families are protected from illegal invasions of their privacy, residence, and correspondence, as well as from defamatory remarks made about them in public.
Article 8 of the European Convention on Human Rights and Fundamental Freedom: The right to respect one’s private and family life is guaranteed to citizens of the European Union under Article 8 of the European Convention on Human Rights and Fundamental Freedom. However, this right may be subject to certain limitations if doing so would compromise national security, public health or morals, national welfare, or the rights and freedoms of others.
Article 21 of the 2004 Arab Charter on Human Rights: One’s privacy, family matters, or correspondence are protected from arbitrary intrusion and attacks under this article.
Article 11 of the American Convention on Human Rights: The protection of the law from arbitrary or abusive intrusion in one’s home or communication, family life, or honor or reputation is guaranteed by Article 11 of the American Convention on Human Rights.
Article 1 of the Convention for the Protection of Individuals: Protection of Human rights and fundamental freedoms are essential, according to this article concerning Automatic Processing of Personal Data.

The right to privacy is a fundamental right in the Indian Constitution

In the Indian constitution, the right to privacy is recognized in the Puttaswamy case; we understand this concept through various Landmark Judgements.

Justice K.S. Puttaswamy (Retd) VS Union of India (2017): The right to privacy is a fundamental right guaranteed by the Constitution, the Supreme Court of India unanimously decided during the hearing of a suit challenging the constitutionality of the Aadhar-based biometric system. The court interpreted Article 21 to encompass the right to privacy in addition to the rights to life and liberty as specified in the article. After the ruling, the right to privacy immediately became a fundamental right since Article 21 is included under Part III of the Indian Constitution, which addresses fundamental rights. Since then, India has recognized the right to privacy as a basic freedom.

Kharak Singh v. State of Uttar Pradesh, 1963: In this case, the Supreme Court ruled that by Article 21 of the Indian Constitution, the right to privacy is an essential part of the right to personal liberty.

R. Rajagopal vs State of Tamil Nadu, 1994: In this case, the Supreme Court decided that the right to privacy provides the freedom to lead a private life and the right to be alone. The Court also recognized that reasonable restrictions may be imposed on the right to privacy, and this right is not absolute.

PUCL v. Union of India, 1997: In this case, the Supreme Court held that phone tapping is illegal unless it is authorized by law and necessary in a democratic society to protect national security or public order.

Adhaar Judgement, 2018: The Aadhaar scheme violates the right to privacy which is a Fundamental right guaranteed by the Indian Constitution, the Supreme Court declared that it infringes this right. To determine the legality of privacy rights violations, the Court also created the proportionality test.

Breach of Fundamental Right to Privacy by other individuals or private entities

Under the Indian Constitution, the right to privacy encompasses personal liberty, choice, autonomy, and control over personal information. The major consequences arising from the breach of the fundamental right to privacy are Emotional Distress, Reputational damage, Financial losses, Loss of Autonomy, Legal consequences, psychological Trauma, etc.

If anyone’s right to privacy is breached by another individual or private entity then there are several remedies available for the breach of the fundamental right to privacy:

Legal Action: File a claim or Petition for compensation, an injunction, or other relief in court.
Criminal Complaint: Notify law enforcement of the breach so that it can be looked into and prosecuted.
Data Protection Authorities: File a complaint against data protection agencies, including the Data Protection Authority in India or the Information Commissioner’s Office (ICO) in the UK.
Injunctions: Request judicial directives to prevent the violation or further damage.
Damages: Submit a claim for monetary losses, emotional pain, or damage to your reputation.
Declaratory Relief: Ask the court to rule that the violation was not authorized.
Enforce privacy policies: Make businesses answerable for any violations of their privacy policies.
Regulatory Action: File complaints against regulatory agencies, such as the US Federal Trade Commission (FTC).
Public Disclosure: Make the breach known to the public to draw attention to it and put pressure on the organization to fix it.

Conclusion

From the above, it has been concluded that having one’s privacy is a fundamental human right under the Constitution of India that is necessary to create a culture that respects each person’s independence, dignity, and self-determination. This fundamental right to privacy is necessary to preserve each person’s independence, dignity, and autonomy.