Constitution policies and laws

1. Fundamentals of Indian Constitution
Topic: Right to Privacy
CYCLE CHEMISTRY
BRANCH ELECTRONICS AND COMMUNICATION
Experiential Learning Phase 2

2. Team Introduction
Roll number USN Name Email ID
10 1RV22EC076 K Spoorthi kspoorthi.ec22@rvce.edu.in
26 1RV22EC092 Megha M K meghamk.ec22@rvce,edu,in
32 1RV22EC098 Mustafa Patwari mustafapatwari.ec22@rvce.edu.in
56 1RV22EC122 Raj Hingar rajhingar.ec222rvce.edu.in

3. Introduction
In today's world, where technology has become an integral part of our lives, the right
to privacy has become a crucial issue. Our personal information could be used against
us in ways we never imagined. The Indian Constitution recognizes the right to privacy
as a fundamental right, and it is essential that we understand its importance.

4. What is Right to Privacy?
• The right to privacy is a fundamental human right
that protects individuals from unwarranted
intrusion into their personal lives by the state,
corporations, or other entities
• It is enshrined in the Indian Constitution under
Article 21, which guarantees the right to life and
personal liberty
• It encompasses a broad range of interests, including
the right to be left alone, the right to control one's
personal information and the right to make
autonomous decisions about one's life without
interference from others

5. Historical Background
• The concept of right to privacy is not a new one. It has been
debated and discussed for centuries, with different cultures
and societies having their own views on the matter
• In India, the concept of privacy can be traced back to the
ancient texts of the Vedas and Upanishads, which
emphasize the importance of individual freedom and
dignity
• During the colonial era, the British government introduced
various laws that violated the privacy rights of Indian
citizens
• For example, the Bengal Regulation Act of 1818 allowed for
arbitrary arrests and searches without a warrant. This led to
widespread protests and demands for greater privacy
protections

6. Constitutional Provisions
• The right to privacy is not explicitly mentioned in the
Indian Constitution, but it has been interpreted by the
Supreme Court as a fundamental right under Article
21, which guarantees the right to life and personal
liberty
• In addition, Article 19(1)(a) guarantees the freedom of
speech and expression, which includes the right to
privacy. The court has also held that the right to
privacy is an integral part of the right to dignity, which
is protected under Article 21

7. Legal Framework
• In addition to this, there are several laws and
regulations that specifically protect an individual's
right to privacy. The Information Technology
(Reasonable Security Practices and Procedures and
Sensitive Personal Data or Information) Rules,
2011, and the Aadhaar Act, 2016, are two
examples of such laws
• The former governs the collection and storage of
sensitive personal data by companies, while the
latter regulates the use of Aadhaar, a unique
identification number issued by the government

8. Landmark Judgments
• Kharak Singh vs State of UP case: In this case, the Supreme Court of India
recognized that the right to privacy is a fundamental right, although it is not
explicitly mentioned in the Constitution. The court held that the right to privacy is
part of the right to life and personal liberty guaranteed under Article 21 of the
Constitution
• Puttaswamy judgment: In this case, the Supreme Court of India declared that the
right to privacy is a fundamental right under the Indian Constitution. The court held
that the right to privacy includes the right to control one's personal information,
the right to be left alone, and the right to bodily integrity

9. Landmark Judgments
• Aadhaar judgement, 2018: In this case, the Supreme Court declared that while Aadhaar
is constitutional, it cannot be made mandatory for certain services. This judgement was
significant as it addressed concerns related to privacy and data protection in the context
of Aadhaar, which is India's biometric identification system

10. Contemporary Issues
• Aadhaar, a biometric identification system :
One of the major contemporary issues related to the right to privacy in India is
the use of Aadhaar, a biometric identification system. While Aadhaar has been a
tool for improving access to government services and reducing fraud, concerns
have been raised about its potential misuse and violation of privacy rights. The
collection and storage of personal information, including biometric data, by
private companies and government agencies has raised questions about the
security and confidentiality of such data.

11. Contemporary Issues
• Surveillance technologies:
Another contemporary issue related to the right to privacy in India is the use of
surveillance technologies by the government. The widespread use of CCTV cameras,
facial recognition software, and other surveillance tools has led to concerns about the
infringement of privacy rights. The lack of clear guidelines and regulations regarding
the use of such technologies has further exacerbated these concerns.

12. Recently passed bills
• Personal Data Protection Bill :
In recent years, there have been several bills passed in India that aim to protect the
right to privacy of individuals. One such bill is the Personal Data Protection Bill,
which seeks to regulate the collection, storage, and processing of personal data by
both government and private entities. The bill also provides for the establishment
of a Data Protection Authority to oversee the implementation of these regulations.

13. Recently passed bills
• Right to Information (Amendment) Bill:
Another important bill is the Right to Information (Amendment) Bill, which has been
controversial as it allows the government to decide the tenure and salaries of
Information Commissioners. This could potentially undermine the independence of
the Information Commission, which is responsible for ensuring transparency and
accountability in government functioning. However, proponents of the bill argue that
it is necessary to balance the right to information with other fundamental rights.

14. Conclusion
• In conclusion, the right to privacy is a fundamental right enshrined in the Indian
Constitution. It is essential for protecting an individual's dignity and autonomy.
• The legal framework of right to privacy in India includes various laws and regulations
that protect this right. However, there are also challenges to this right, especially with
the advancement of technology
• In today's digital age, where personal data is being shared and collected on a massive
scale, it is more important than ever to protect the right to privacy. As responsible
citizens, we must be aware of our rights and take steps to safeguard them

15. THANK YOU