Right
to privacy
|
- Refers to the concept that
one's personal information is protected from public scrutiny
|
Issues
|
- Global Surveillance
Disclosure, 2013
- Snowdown Revelation
- Under the pretext of
combatting terrorists, controversial agencies such as the NSA, CIA,
RAW, GCHQ, and others have engaged in mass global surveillance,
undermining the right to privacy.
- Right to Privacy v/s
National Security
- Governance Convenience for
Public welfare and Right of Individuals
- Misuse for Political
purpose
- DNA profilling
|
Current situation
or Facts
|
- Not a fundamental right
(under article 21) Kharak Singh Case
- Safeguards included in
CrPC
- Rajagopal Case : is a FR
- Puttoswamy Judgement,
Right to Privacy is a Fundamental Right, under article 21
|
Forms
|
- Narco
- 377
- Apple
- Search and Seizure
|
Telephone Tapping
(interception)
|
- Authorised under Indian
Telegraph Act. 1985
- PUCL case : Unauthorised
tapping is violate of article 21
- Guideline laid
- Can be only for interest
of sovereignty, security, integrity, friendly relation and public
order
- Prevent incitement of
offence
- Can only be authorised by
home secretary for 2 months at a time
|
Collection of
Biometric data
|
|
Private Companies
has huge Data like Facebook,
|
- Big Data
- Sale and purchase of Data
- Leak and hacking of Data :
Yahoo
|
For
|
- India is a signatory to
International Covenant on Civil and Political Rights which acknowledges
it
- SC: Right to liberty and
freedom of expression cannot survive without right to privacy
- Constituent assembly :
also recognised well defined privacy law
- Section 8 of RTI prohibits
disclosure of information which
serves no public purpose and amounts to invasion of privacy of third
person
|
Justice A P shah
Committee
|
- A privacy law: to protect privacy and personal Data
- Privacy Commissioner: at
centre and State to protect and safeguard the interests of citizen
- Violation : only in
National Security
- Triple test for privacy
|
Steps taken
|
- Case by case it upheld
like police, Doctors, interceptions of telephones
- Various safeguard and
other mechanism
- Educate the users
- Data encryption standards
- Strict law and penalty for
defaulter
- Internet rules and
regulation
|
Threats
|
- Is not from the government,
but from the private institution
- Technology is changing
- e.g. Routes by Uber
- Call details of telecomm
companies
- Just for free and
convenience we leaks our inforamtion like free downland
- Collusion of government and
private entities is the biggest threat
- Because they have all type
of information
- Can technology be stoped ?
Due to privacy
- Current disccussion are
revolving around the AADhar only
|
SC 9 Judge Bench
|
- Government
- Data Protection by Law no
fundamental rights
- Supporter
- Interlinking the various
Data including Social Media
- HIV+, illegal affair etc.
will be surfaced
- Government can misuse the
data by army, police
- Phone-tapping judgement
was vey liberal and should not be repeated
- Surveillance will be
difficult, personal data will not be public, will not be able to
interlink data
- Future
- Technology is growing
more and more like IoT, big data, hacking, AI, and R to Privacy
cannnot be defined completely in today's circumsttances , and these
technology will harm the privacy so there is need to R to Privacy
|
Supreme Court
Judgement
|
- Features
- R to Privacy is a
fundamental right under article 21
- Implication
- Government
- ISP
- Section 377
- Aadhaar
Must Pass Triple
test:
- Should be backed by a
statue.
- Should have a legitimate
state interest
- Should have be balanced be
test of proportionality
|
Comments
Post a Comment