According to SC verdict, privacy is the constitutional core of human dignity. It has both normative and descriptive function. At a normative level, privacy sub-serves those eternal values upon which the guarantees of life, liberty and freedom are founded.
#Right_to_privacy
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#Right_to_privacy
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At a descriptive level, privacy postulates a bundle of entitlements and interests which lie at the foundation of ordered liberty.
#Right_To_Privacy
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#Right_To_Privacy
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Privacy is a constitutionally protected right which emerges from the guarantee of life & personal liberty in Article 21 of d Constitution. Elements of privacy also arise in varying contexts from d other facets of freedom & dignity recognised & guaranteed by d fundamental rights.
Privacy is not surrendered when a person is in public place.
By being in public place doesn’t mean an individual has surrendered privacy, even as the legitimate expectation of privacy may vary from the intimate zone to the private zone and from the private to the public arena.
By being in public place doesn’t mean an individual has surrendered privacy, even as the legitimate expectation of privacy may vary from the intimate zone to the private zone and from the private to the public arena.
Privacy attaches to the person since it is an essential facet of the dignity of the human being.
#Right_to_Privacy
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#Right_to_Privacy
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Can law/state encroach upon privacy?
According to SC, a law which encroaches upon privacy will have to withstand the touchstone of permissible restrictions on fundamental rights.
#Right_to_Privacy
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According to SC, a law which encroaches upon privacy will have to withstand the touchstone of permissible restrictions on fundamental rights.
#Right_to_Privacy
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In the context of Article 21, an invasion of privacy must be justified on the basis of a law which stipulates a procedure which is fair, just and reasonable.
The law must also be valid with reference to the encroachment on life and personal liberty under Article 21.
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The law must also be valid with reference to the encroachment on life and personal liberty under Article 21.
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An invasion of life or personal liberty must meet d 3 fold requirement
1. legality, which postulates d existence of law
2. need, defined in terms of a legitimate state aim
3. proportionality which ensures a rational nexus between the objects & the means adopted to achieve them
1. legality, which postulates d existence of law
2. need, defined in terms of a legitimate state aim
3. proportionality which ensures a rational nexus between the objects & the means adopted to achieve them
For what reasons state can encroach upon individual’s privacy?
the legitimate aims of the state should be “protecting national security, preventing & investigating crime, encouraging innovation & the spread of knowledge, and preventing the dissipation of social welfare benefits
the legitimate aims of the state should be “protecting national security, preventing & investigating crime, encouraging innovation & the spread of knowledge, and preventing the dissipation of social welfare benefits
These matters should be considered by the Union government while designing the regime for the protection of the data.
Source: @FinancialXpress
Source: @FinancialXpress
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