A Presentation by Private Court.

1. Why Privacy is
Important when you
are in DisputeBy Private Court
(Team 10)
Anukriti Srivastava
Aishwarya Gawate
Arju Godara

2. What is Privacy?
Privacy is the ability of an individual or group to seclude
themselves or information about themselves and thereby express
themselves selectively.
“Privacy is the claim of individuals, groups or institution to
determine for themselves when, how, and to what extend information
about them is communicated to others” -Alan Westin : Privacy &
freedom,1997
Privacy is not an absolute.
We disclose, and we keep Private.

3. Need of Privacy
Limit of Power
Respect for individuals
Reputation Management
Maintaining Appropriate Social Boundaries & Trust
Control over one’s Life
Freedom of thought & speech
Freedom of Social and Political Activities
Ability to Change and have second chances
Not having to explain or justify oneself

4. Legal Position in Brief
Right to Privacy under the Arbitration and Conciliation Act of
1996 was enacted in India in line with UNCITRAL Model Law.
It states that the arbitrator along with the parties shall keep the
proceeding as confidential including the settlement agreement.
Mediation and Conciliation Rules 2004 were laid down by the
Delhi High Court to elaborate the process and requirements of
such proceedings. Rule 20 of the document states that the
mediator shall not disclose any information that it has received
from one party under the disclaimer of it being confidential

5. Methods To Ensure Privacy
To maintain confidentiality in a dispute, it is important to
stick to some practical steps,
Advance Preparation of Settlement Agreement .
Ensuring standard provisions.
Creating and signing a written agreement in mediation.
Reluctance to enter an agreement.
Desire for finality.
Achieving closure.

6. Right of Privacy- Different Jurisdictions
Universal Declaration of Human Rights, 1948- Article 12
recognises right of privacy
Article 17 of the International Covenant on Civil and Political
Rights, 1996- Right to privacy
Article 8 of the European Convention on human rights- Right to
privacy
India- Right to privacy is embodied in Art. 21 of the constitution
of India

7. 3 Ingredients to prove breach of
confidentiality/Privacy:
The information is confidential.
The information is communicated in confidence.
There must be unauthorised use of the information to the
detriment of the plaintiff.

8. Legal or Philosophical Viewpoints on
Privacy
Privacy is control over information or activities relating to oneself.
In India majority understand Privacy only in context of sex and
wealth.
Indian culture is more about sharing. Everyone wants to know
everything. Decisions are typically taken by elders in the family.
Privacy is viewed more as a tort.
The right of privacy in the light of constitution restricting
unauthorised searches and seizures;
A viewpoint that privacy is not a basic requirement of our society-
(Ebenger, 2004)

9. Invasion of Privacy
According to the eminent US law scholar William L. Prosser
(1960), the invasion of privacy would deem to have occurred under
the following four claims:
Intrusion upon Solitude or Seclusion, or into Private Affairs
Public disclosure of Embarrassing Facts
Publicity in the False Light in the Public Eye
Appropriation of Name of Likeness for Advantage

10. Conclusion
The concept of privacy is very fluid, and the laws related to this topic are murky and subjective.
Individual has the right to limit sharing his personal information with other individuals or entities
or the media
The rise of social media and other social networking sites have resulted in users voluntarily or
involuntarily disclosing private information to the public.
In India we need cultural revolution to decimate idea of privacy.