Right To Privacy

The concept of a human “right to privacy” begins when the Latin word “ius” expanded from meaning “what is fair” to include “a right – an entitlement a person possesses to control or claim something,” by the Decretum Gratiani in BolognaItaly in the 12th Century.

In the United States, an article in the December 15, 1890 issue of the Harvard Law Review, written by attorney Samuel D. Warren and future U.S. Supreme Court Justice, Louis Brandeis, entitled “The Right to Privacy“, is often cited as the first explicit finding of a U.S. right to privacy. Warren and Brandeis wrote that privacy is the “right to be let alone”, and focused on protecting individuals. This approach was a response to recent technological developments of the time, such as photography and sensationalist journalism, also known as “yellow journalism“.

Privacy rights are inherently intertwined with information technology. In his widely cited dissenting opinion in Olmstead v. United States (1928), Brandeis relied on thoughts he developed in his 1890 article The Right to Privacy. In that dissent, he urged that personal privacy matters were more relevant to constitutional law, going so far as to say that “the government was identified as a potential privacy invader.” He writes, “Discovery and invention have made it possible for the Government, by means far more effective than stretching upon the rack, to obtain disclosure in court of what is whispered in the closet.” At that time, telephones were often community assets, with shared party lines and potentially eavesdropping switchboard operators. By the time of Katz, in 1967, telephones had become personal devices with lines not shared across homes and switching was electro-mechanical. In the 1970s, new computing and recording technologies raised more concerns about privacy, resulting in the Fair Information Practice Principles.

In recent years there have been few attempts to clearly and precisely define the “right to privacy”.

A nine-judge bench of the Supreme Court headed by Chief Justice J.S. Khehar, ruled in Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors. on August 24, 2017, that the Right to Privacy is a fundamental right for Indian citizens under the Constitution of India (mostly under Article 21 and additionally under Part III rights). Thus no legislation passed by the government can unduly violate it. Specifically, the court adopted the three-pronged test required for the encroachment of any Article 21 right – legality-i.e. through an existing law; necessity, in terms of a legitimate state objective and proportionality, that ensures a rational nexus between the object of the invasion and the means adopted to achieve that object. This clarification was crucial to prevent the dilution of the right in the future on the whims and fancies of the government in power. The Court adopted a liberal interpretation of the fundamental rights in order to meet the challenges posed an increasing digital age. It held that individual liberty must extend to digital spaces and individual autonomy and privacy must be protected.

This ruling by the Supreme Court paved the way for decriminalization of homosexuality in India on 6 September 2018, thus legalizing same-sex sexual intercourse between two consenting adults in private. India is the world’s biggest democracy and with this ruling, it has joined United States, Canada, South Africa, the European Union, and the UK in recognizing this fundamental right.

The new data sharing policy of Whatsapp with Facebook after Facebook acquired Whatsapp in 2014 has been challenged in the Supreme Court. The Supreme Court must decide if the right to privacy can be enforced against private entities.

Leave a Reply

Articles

#1 Shark-Tank-Official Sweet Relief CBD Gummies – FDA-Approved

Sweet Relief CBD Gummies are packed with clean and natural active ingredients to keep the human body healthy and stimulated for normal functions, as well as to reduce pain and discomfort caused by problems. This pure and organic CBD supplement removes many impurities from the human body as well as allows the human body to do […]

Read More
LexCliq

Folicrex [Official Report] 2022 – Must Buy For Regrowth Hair

With the littlest of changes to their hair, an individual’s entire look might be totally changed. Since the hair is so close to the face, it doesn’t have a similar impact as another cosmetics or even another shirt. Folicrex’s designers feel that aggravation is the genuine reason for balding, not chemicals, as the vast majority […]

Read More
LexCliq

Essential CBD Extract Gummies UK, CA, AU, NZ, IE & JP & How To Utilize This?

Stress can impact a person with trouble and tension. Resulting to convergence forties, people get their body working lessened. The particular experiences physical and mental torments that make the singular slight. Nowadays, most energetic individuals are similarly going through loads of strain and torment that make the individual go through troublesome stretches. So a great […]

Read More