Protection of personal data a right’:

Protection of personal data a right’: (The Hindu) (The 2016 case on protection of privacy)

Context

• Petition held by students alleging that a Contract between Facebook and Whatsapp in 2016 was a violation of the citizens’ right to privacy.

The issue

• The Bench is hearing a petition filed by students led by Karmanya Singh Sareen.
• They are alleging that a contract entered into between Facebook and instant messaging platform WhatsApp includes photographs, messages and pictures shared by users on WhatsApp.

Right to Privacy: Constitution

• The Constitution of India does not specifically guarantee a “right to privacy”.
• However, through various judgments over the years, Indian courts have interpreted the other rights in the Constitution as giving rise to a (limited) right to privacy primarily through Article 21, the right to life and liberty.

Restriction on Right to Privacy These restrictions have not been defined or elucidated anywhere and have been identified through the interpretation of various provisions and judgments of the Supreme Court of India:

• The right to privacy can be restricted by procedure established by law and this procedure would have to be just, fair and reasonable.
• Reasonable restrictions can be imposed on the right to privacy in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence; (Article 19(2) of the Constitution of India, 1950).
• The right to privacy can be restricted if there is an important countervailing interest which is superior to it.
• The right to privacy can be restricted if there is a compelling state interest to be served.
• The protection available under the right to privacy may not be available to a person who voluntarily introduces him- or herself into controversy.