Important for ALL SSB candidates SC court verdict on Right to Privacy
SUPREME COURT/HIGH COURTS VERDICTS
Right to privacy is fundamental:supreme court
On 24th august, nine supreme court judges voted unanimously in favor of as a fundamental right. acknowledging the perversion of technology ,the apex court identified privacy of information as a subset of right to privacy.
The sc said that the privacy of information can be threatened by both state and non-state actors- by implication , social media platforms could potentially come under the purview interpretation of privacy.
The constitution bench was set up on 18 july to decide whether right to privacy can be declared as a fundamental right under the Indian constitution.the matter had been referred by a five –judge bench.
Aadhaar was challenged in public interest litigation to the supreme court of India in 013.in October 2015,a three judge bench upheld its august2015 order restricting the use of aadhaar to only public distribution system(pds)and lpg connections.
Within two weeks,a five judge bench allowed use of aadhaar for some other government schemes including mahatma gandhiji national rural employment guarantee act (mnrega),all types of pension schemes,employess provident fund and the prime minister jan dhan yojana.
The bench examined the correctness of the two judgements delivered in the cases of kharak singh and m.p.sharma in which it was held that right toprivacy was not a fundamental rights.
SC’S VERDICT AND ITS IMPLICATIONS.
The nine –judge bench has made it clear that liberty enables the individual to have a choice of preferences on various facets of life including what and how one will eat,the way one will dress ,the faith one will espouse and a myriad other matters on which autonomy and self –determination require a choice to be made within the privacy of the mind.
Through the Indian law disallows medically assisted suicide.the bench noted that the right to privacy includes the right to refuse food or even medicine.
An unauthorized parting of the medical records of an individual which have been furnished to a will amount to an invasion of privacy.
However,if such records are collected by the state preserving the anonymity of individuals,it could legitimate assert a valid state interest in the preservation of public health to design appropriate policy interventions on the basis of the data available to it.
The bench mentioned three internationally accepted aspects of privacy :spatial,decisions autonomy informational control the third facet is particularly relevant I n today’s”era of ubiquitous data surveillance.
Informational privacy is a facet or right to privacy informational control empowers the individual to use privacy as a shield to retain personal control over information pertaining to the person.
The juvenile justice act was mentioned by the government to argue that india does not need a fundamental right to privacy.The judgement reinforces the right of each child to have his details kept private even if he or she is charged for a crime. Laws:the court said that”infusing a right with a constitutional element”gives it sense of immunity from popular opinion ans as its reflection from legislative annulment”which a common law right would not have.
Te sc’s privacy ruling may forces mobile phone companies to tweak data privacy and protection settings.
Natagrid seeks to integrate over 25 categories of database from agencies like railway,banks,airlines,credit card companies,immigration etc. and make it available to law enforcement officers.
Following sc’s order the implementation of the programme could require amendments in several laws to allow sharing and transferring of data on items such as property and bank transaction details.
SC’S STAND ON PRIVACY
Privacy is a constitutionally protected right emerging primarily from the guarantee of life and liberty in article 21 of the constitution.
It includes the preservation of personal intimacies sanity of family life marriage procreation the home and sexual orientation.
Privacy connotes a right to be left alone. It safeguards individual autonomy and recognizes one’s ability to control vital aspects ,need and proportionality.
Information privacy is a facet of the right.dangers to this can originate from both state and non-state actors.
Government must put in place a robust regime for data protection .it must bring about a balance between individual interests and legitimate State concerns.
HOW THIS WILL AFFECT AGENCIES
Internet:the ruling will forces telecom companies social media platforms.it companies to have more stringent privacy norms on strong and sharing one’s personal data.
Security:home secy and principal secy home department are authorized to allow police and security to tap personal conversation of citizens.the ruling will forces government to rework this practice.
Money:the ruling may put curbs on banks,asset registration authorities and financial institutions that share information on high value transaction by individuals leading to notice from tax department.
A five judge consititution bench,which referred the matter to the nine –judge bench would decide whether the aadhaar scheme is a reasonable restriction on the fundamental right to privacy.
The supreme court would test whether the purpose of collecting the personal data is a legitimate state interest beneficial for the public.
The apex court ‘s judgement would also have an affect on a pending petition filed by parlimentation jairam ramesh challenging the passage of the aadhaar (targetesd delivery of financial and other subsides benefits and services)act,2016 as a money bill.
The judgements also may open the aadhaar –permanent account number linkage issue.
The judgements may have a bearng on the pending challenge to a 2016 contract entered into between whatsapp and facebook in 2016 to shsare user information including messages pictures and videos,among others.
The challenges was made by two students-karmanya singh sareen and shreya sethi- who questioned the policy as a violation of users right to privacy.
What’s the impact of privacy invasion?
1.personal into to get new phone no. or credit cards is exploited.the motive could be financial fraudor to take part in illegal activities.
2. the acquired information can then be used to manipulate an individual in ways that they don’t even know or are unaware of
3.data then used to get people to buy something online,act or believe in a certain way.targeted political ads are an example.
What do responsible restrictions entail?
Like other fundamental rights to privacy I not absolute.Government can frame a law restricting this right provided crime,encouraging innovation ,spread of knowledge public interest.The law S should stipulate a procedure that is just ,fair and reasonable.
The law must meet the three-fold requirement of legality ,legitimate aim of the state and proportionality to ensure a rational nexus between the objects and means adopted to achieve them.it is to meet its,Legitimate aims’ which include protecting national security preventing and investigating