R S Samarth, School of Law, Christ University
ABSTRACT
In Indian law, the rights to information and privacy coexist and are complementary. In today's fast-paced, modern, and technological culture, the protection of an individual's privacy and security is becoming a concern. Since both rights are essential under the Indian Constitution, the Supreme Court of India has ruled that both rights are protected by Article 19(1)(a) - Right to freedom of speech and expression - as well as Article 21 - Right to life. New technologies and cultural changes are gradually jeopardising personal privacy. In this case, we must pick between two essential rights: which one do we choose and how? These are third-party data, which may include personal information. Article 21 of the Indian Constitution protects a biological person's privacy. Other third-party information is not subject to the same level of security, although it is protected under the RTI Act and other laws. This is as important as privacy. The RTI Act's weakness with respect to this kind of personal information is evident in other types of third-party information as well. In both cases, the issue must be addressed.
