Mains Practice Questions

Introduction

The Right to Privacy in India has evolved significantly through judicial interpretation. Initially, not explicitly mentioned in the Constitution, it has now been recognized as a fundamental right under Article 21. This evolution has had profound implications on contemporary issues such as data protection and state surveillance.

Body

Evolution of the Right to Privacy:

• Early Interpretations (1950s-1960s):
  • MP Sharma vs. Satish Chandra (1954): The Supreme Court ruled that privacy was not a fundamental right, upholding the practice of search and seizure.
  • Kharak Singh vs. State of Uttar Pradesh (1962): The Court examined police surveillance and concluded that privacy was not a guaranteed constitutional right, though it acknowledged the concept of personal liberty.
• Expansion of Privacy Rights (1970s):
  • Gobind vs. State of Madhya Pradesh (1975): The Supreme Court introduced the "compelling state interest" test, borrowing from American jurisprudence.
    • It recognized privacy as a fundamental right but subject to reasonable restrictions for larger state interests.
• Recognition of Informational Privacy (1990s):
  • PUCL vs. Union of India (1997): The Supreme Court, in the context of telephone tapping, recognized the privacy of communications as a part of the right to freedom of speech and expression under Article 19(1)(a).
• The Landmark Judgment (2010s):
  • Justice K.S. Puttaswamy (Retd) vs. Union of India (2017): A nine-judge bench of the Supreme Court unanimously declared the Right to Privacy as a fundamental right under Article 21.
    • The Court stated that privacy is intrinsic to life and liberty, and encompasses personal autonomy, dignity, and informational self-determination.

Implications on Contemporary Issues Related to Data Protection and Surveillance:

• Enhanced Corporate Responsibility: The evolving right to privacy has forced companies to adopt stringent data protection measures. They are now held accountable for their data practices through Digital Personal Data Protection Act 2023, with users and courts scrutinizing privacy policies more closely.
• Cross-Border Data Flows: Privacy considerations are reshaping rules on cross-border data transfers.
  • In 2022, India's Computer Emergency Response Team (CERT-In) issued directives requiring VPN providers to store user data.
• Consent and Data Minimization: Recent privacy interpretations emphasize informed consent and data minimization.
  • The Digital Personal Data Protection Act 2023, reflects this, proposing stricter consent requirements and purpose limitation for data collection.
  • This shift is evident in recent practices, such as apps providing more granular privacy settings and websites updating cookie policies, indicating a move towards user-centric data practices.
• Oversight on Intelligence Gathering: Privacy rights have spurred debates on intelligence oversight.
  • The 2021 Pegasus spyware controversy led to a Supreme Court-appointed committee to investigate alleged illegal surveillance.
  • This incident underscores the growing tension between national security needs and individual privacy, pushing for more transparent and accountable intelligence gathering practices.

Conclusion

The judicial interpretation of the Right to Privacy in India has evolved from being an unrecognized concept to a robust fundamental right. This evolution has had far-reaching implications on contemporary issues such as data protection, surveillance, and technological advancements, ensuring that individual privacy is safeguarded in the digital age.