What is Right to Privacy?
In a landmark decision on August 24, 2017, the Supreme Court of India declared the right to privacy act to be a fundamental right protected by the Indian Constitution. The Court's decision, holding that this right comes from the fundamental right to life and liberty, has far-reaching consequences. Here, we are going to discuss the right to privacy article, and know if the right to privacy is a fundamental right or not.
Right to Privacy: Historical Background
In India, the right to privacy has evolved over the last 60 years as a result of a number of judgements. Inconsistency from two early judgements has led to a split in judgement over whether the right to privacy is a basic right over the years. Constitutional provisions must be evaluated and interpreted in a way that ensures their conformity with international human rights treaties that India has ratified. Privacy is also a fundamental requirement for the meaningful exercise of other guaranteed freedoms, according to the court.
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Cases that Cast Doubts on the Right to Privacy
In 2012, retired Justice K.S. Puttaswamy filed a case in the Supreme Court questioning Aadhaar's legitimacy, claiming that it infringes on the right to privacy. During the hearings, the central government argued that privacy should not be classified as a fundamental right. The government's objection to the right was based on two early Supreme Court decisions, MP Sharma Vs Satish Chandra in 1954 and Kharak Singh Vs State of Uttar Pradesh in 1962, which concluded that privacy was not a fundamental right.
Privacy is commonly understood to be equivalent to the right to be left alone.
In the landmark case of K.S. Puttaswamy Vs Union of India in 2017, the Supreme Court stated that "the right to privacy is a fundamental and inalienable right that attaches to the person and includes all information about that person and the decisions that he or she makes.". Article 21 protects the right to privacy as an integral part of the right to life and personal liberty, as well as the freedoms provided by Part III of the Constitution.
People are legally protected against "arbitrary interference" with their privacy, family, home, correspondence, honour, and reputation under Article 12 of the Universal Declaration of Human Rights, 1948, and Article 17 of the International Covenant on Civil and Political Rights (ICCPR), 1966. On April 10, 1979, India became a signatory. Respect for private and family life, as well as for one's home and communications, is also recognized by the European Union. The Data Protection Directive, which specifies how information can be handled and used in Europe, addresses this.
Key Elements in Right to Privacy
The key points of the judgement are summarized below.
(a) Right to Privacy is a Fundamental Right
The Supreme Court confirmed that the right to privacy is a fundamental right that can be drawn from Articles 14, 19, and 21 of the Indian Constitution without having to be stated separately. It is a natural right that is linked with the rights to life and liberty. It is a fundamental and inalienable right that attaches to a person and includes all information about that person as well as the decisions he or she takes. It protects a person from surveillance in their homes, over their movements, and over their personal choices, partners, and eating habits, among other things.
(b) It is Not an Absolute Right; it is Subject to Reasonable Limitations.
The Supreme Court was careful to point out that the fundamental right to privacy is not absolute, and that it will always be subject to reasonable limitations. It was held that the state can limit the right to privacy to defend legitimate state interests.
(c) Other Incidental Implications
This right to privacy may have other implications on subjects related to the main issue decided by the court. It has also acknowledged the impact that non-state actors can have on human privacy, particularly in the context of digital informational privacy. While fundamental rights are often only enforced against government actions, given the judge’s broad language and the extent to which informational privacy has been mentioned, some experts are concerned that these principles will be extended to the private sector as well.
Government Steps to Protect Privacy
Draft Personal Data Protection Bill 2019 regulates how government and private organizations in India and overseas process the personal data of individuals. If the individual gives consent, or if there is a medical emergency, or if the state is giving benefits, the processing is permitted.
Committee chaired by B. N. Srikrishna: Under the chairmanship of Justice B. N. Srikrishna, the government created a committee of experts on data protection, which submitted its report in July 2018.
The Information Technology Act 2000 (IT Act) establishes protections against certain data breaches from computer systems. It includes precautions to prevent unwanted access to computer systems and data stored on them.
Restrictions
Only state action that passes each of the three tests can limit the right. First, such state action must have a legislative mandate; second, it must be pursuing a legitimate state objective; and third, it must be proportionate, i.e., such state action must be necessary for a democratic society, both in nature and scope, and the action should be the least intrusive of the available options to achieve the goals. It is important to go through the right to privacy judgement PDF for a clear understanding of this right.
The right to privacy is a legal principle that has been used in numerous legal frameworks to limit government and private actions that encroach on people's privacy. The right to privacy is mentioned in over 150 national constitutions. The right to privacy act is now being questioned as to whether it can coexist with intelligence agencies' existing capacity to access and analyze practically every part of an individual's life.
FAQs on Right to Privacy
1. What is the Right to Privacy as per the Indian Constitution?
The Right to Privacy is the inherent right of every individual to be left alone and to have control over their personal information, family life, and home. While not explicitly mentioned in the Constitution, the Supreme Court of India has declared it a fundamental right. It is considered an intrinsic part of the Right to Life and Personal Liberty guaranteed under Article 21.
2. When was the Right to Privacy officially recognised as a fundamental right in India?
The Right to Privacy was officially and unanimously recognised as a fundamental right by a nine-judge bench of the Supreme Court on August 24, 2017. This landmark judgement was delivered in the case of Justice K.S. Puttaswamy (Retd.) vs. Union of India, clarifying its status as an integral part of Articles 14, 19, and 21 of the Constitution.
3. How is the Right to Privacy derived from Article 21?
Article 21 of the Indian Constitution states, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” The Supreme Court has interpreted the term 'personal liberty' in a broad sense. It ruled that a dignified life, as guaranteed by Article 21, is not possible without privacy. Therefore, the Right to Privacy is an essential and inseparable component of the Right to Life and Personal Liberty.
4. What are some common examples that illustrate the importance of the Right to Privacy?
The Right to Privacy applies to many aspects of a person's life. Key examples include:
- Informational Privacy: The right to control one's personal data and prevent its unauthorised use by companies or the government.
- Bodily Autonomy: The right to make private decisions about one's own body and health.
- Privacy of Communication: Protection against illegal phone tapping or surveillance of personal communications like emails and messages.
- Privacy of the Home: Protection from unauthorised intrusion or searches of one's home.
5. Why is the Right to Privacy not an absolute right? What are its limitations?
Like other fundamental rights, the Right to Privacy is not absolute. It can be restricted by the state under certain conditions. The government can impose “reasonable restrictions” on this right. For a restriction to be valid, it must:
- Be backed by a law.
- Serve a legitimate state aim, such as national security, public order, or crime prevention.
- Be proportionate to the objective it seeks to achieve.
6. How does the judiciary balance an individual’s Right to Privacy against the state's security concerns?
The judiciary plays a crucial role in balancing individual privacy with state interests. When a law or government action infringes upon privacy, the courts apply a proportionality test. They examine whether the government's action is necessary, justified, and the least intrusive method to achieve its goal. This ensures that any restriction on privacy is not arbitrary or excessive and is essential for a legitimate purpose like protecting national security.
7. What is the difference between the Right to Privacy under Article 21 and the freedoms under Article 19?
While interconnected, they cover different aspects. Article 21 protects the broader right to life and personal liberty, which includes privacy as a core element of dignity. Article 19 protects specific freedoms like speech and expression. The Right to Privacy can support Article 19, as privacy in one's beliefs is necessary for free expression. However, the primary constitutional source for the Right to Privacy is Article 21, as confirmed by the Supreme Court.
8. How does the Right to Privacy apply to students in the digital age of social media and online learning?
In the digital age, the Right to Privacy is extremely important for students. It means that their personal data, online activities, and communications should be protected. This includes protection from unauthorised data collection by educational apps, ensuring secure online classes, and having control over personal information shared on social media. It empowers students to protect their digital footprint from misuse and surveillance, which is a key application of the principles laid down in the 2025-26 NCERT curriculum on digital citizenship.
