Privacy, Human Behaviour and Fundamental Rights in India: Some Recent Developments and Analysis
Journal Title: Indian Journal of Law and Human Behavior - Year 2018, Vol 4, Issue 1
Abstract
In this era of digitalization as well as Information and Communication Technology (ICT) where there exists innumerable flow of data, the part played by issues connected with data privacy plays a crucial role. The very question relating to the conception of privacy in Indian context is not clear, nor there is any clear definition of ‘personal data’ anywhere in the jurisprudence. The conception also could not be made clear even by studies of the Constitution of India since in so many words it has yet not dealt with “right to privacy”. However, different cases in Supreme Court and High Courts of the States always observed that “right to privacy” should get place in a univocal form in the Constitution of India. This study has taken a holistic attempt to elucidate the meaning of privacy through different angles and perspective and discussed how the authority has gained competence to enact laws relating to data privacy like IT Act 2000 and gave a detail insight mentioning judicial references as to how privacy has become close to not only sense of Article 21 of the Constitution of India but also throughout the entire Part III of the Constitution of India. This study also discussed IT Act, 2000 with its amendment relating to privacy issues including discussion of latest full bench judgement regarding right to privacy followed by providing a recommendation to be followed for ensuring privacy protection. The study is ended with a meaningful concluding remark.
Authors and Affiliations
Sheshadri Chatterjee
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