Right to Privacy

Right to Privacy


The Right to Privacy is a facet of the right to life and personal liberty under Article 21 of the Indian constitution. The right to privacy is not mentioned in the Indian Constitution, but it has been recognized as the fundamental right in the recent judicial pronouncement in the Justice K.S Puttaswamy v. Union of India. This pronouncement is the most progressive decision by the Hon’ble Supreme Court of India, Now the Right to privacy was declared as a fundamental right. The fourth amendment, where the police and other government agents stop searching our property without “probable cause” to believe that we have committed any offense. On another side, this amendment protects our freedom to make manifest decisions about our bodies and our private life without interference from the governments in which includes the public schools.


The right to privacy refers to the concept that every human being has certain confidential and secretive part of their life, in which one’s personal information is protected from the Public scrutiny. The right to privacy is an individual’s legal right and considered as the fundamental right that is protected under the Statutory law. Therefore, the concept of a right to privacy has emerged as the fundamental right.



The Hon’ble Supreme Court of India has unanimously upheld that the Right to Privacy is a fundamental Right under Article 21 of the constitution i.e the right to life and liberty.

In the judicial pronouncement of Justice KS Puttaswamay & Anr. v. Union of India & Ors was rendered by a Bench of 9 judges comprising Chief Justice JS Khehar and Justices RK Agarwal, SA Bobde, Jasti Chelameswar, Rohinton Nariman, AM Sapre, DY Chandrachud, and S Abdul Nazeer.

A number of writ petitions were tagged along with the justice KS Puttaswamy’s petition.

The central government along with the many states such as Maharashtra, Gujarat, Haryana, and Madhya Pradesh and UIDAI had opposed that ‘privacy is a fundamental right.

The landmark judgment makes it clear that privacy is “not an elitist construct” the judgment contradicts all the arguments raised against the concept of privacy and rejected all the arguments of the attorney general.

Whether a “Right” is a fundamental right or legal right because the “right to privacy is a “fundamental right” under part III of our Indian Constitution, the government cannot make any law in which a court may interpret “privacy Infringement” but not by the “Reasonable Restrictions” argument.

The “Reasonable Restrictions” are-

-the security of the state


-incitement to an offense

-any public order

-contempt of court


A person has the right to access to personal data about what sort of information is collected and how that information is used. The right to access the confidential data is a fundamental right created by section 5 of the Data Protection Act. This right is considered as to making a “subject access request”. A subject to an access request can be made by any person who wants to find out what personal data an organization holds about them.

The Privacy Act 1974 prevents unauthorized disclosure of personal information held by the government. A person has a right to review and ask for corrections of their own personal information and that can be informed by any disclosures.


In the practice of data collection, Technology is playing an imperative role. The data is already collected by the government agencies through a biometric system such as Aadhaar card they comprise of fingerprint, photographs, etc. the footprint is easily trackable by the government and private companies in an easy unimaginably way. This digital footprint expands with more data like updated locations, hacking, online history, etc.

With the growth, the society shifted day by day towards the advancement of technology and in the current context the entire data of a person can be traced online in an easy manner, the fundamental right to privacy which a person enjoys protecting his privacy due to technological manipulation of information and lack of coherent laws are bound to make endorsing the right to privacy.


The consumer privacy bill of rights is established for an effective regime to protect the fundamental right to privacy of all persons and personal data concerning them. Its aims to regulate businesses and to provide control, privacy, and security to all the natural person.

- Whereas the right to privacy is an inalienable fundamental right for all the individuals and preserves human dignity, personal autonomy, and constitutional liberties.

-Whereas the delivery of goods and services often entails such as collection, storage, processing and disclosure including all the personal data.

-Whereas the need to protect privacy has been increased in the digital world.

 -Whereas it is necessary to harmonize any conflicting any interest and all the proposed competing for legislation.



Leave a Comment

Previous Comments

Related Blogs