SC on Right to Privacy as absolute right

In two different judgement of SC on Right to Privacy SC observations came out

In a reply to the petitioners’ challenge that Aadhaar, which mandates citizens to part with their biometrics, is unconstitutional SC argues that

  • “Right to privacy is not absolute and cannot prevent the state from making laws imposing reasonable restrictions on citizens.”
  • ‘Right to privacy’ is too ‘amorphous’ a term. To recognise privacy as a definite right, it has to first define it. But this would be nearly impossible as an element of privacy pervades all the fundamental rights enshrined in the Constitution.
  • An attempt to define the right to privacy may cause more harm than good.

Attorney-General response:

‘A common law’: right to privacy is merely a common law right and the Constitution makers “consciously avoided” making it a part of the fundamental right.

Karmanya Singh Sareen Vs. FB, Whats App

  • Karmanya Singh Sareen alleged that a contract entered into between Facebook and instant messaging platform WhatsApp in 2016 was a violation of the citizens’ right to privacy.
  • In reply to the case SC observe that “Right to Privacy” is a Fundamental Right

Centre’s observation:

Personal data is an integral part of one’s dignity and life. Any sharing of personal data by service providers or social media platforms, which impinges on a person’s right to life under Article 21 of the Constitution, requires regulation.

You might also like

Comments