Right To Privacy With Respect To Data And Information Privacy

Abhishek Bhamu, Gujarat National Law University

Avani Verma, National Human Rights Commission

Introduction

Humans have an innate need for their personal space to be respected. Everyone has a natural inclination towards seeking solitude, since some degree of physical isolation is required for healthy personality development.1 Technologies like printing, telegraphy, photography, the internet, and the web-world are held up as both wonders of the era and agents of profound change. Miniature video recorders, audio recorders, and other high-tech gadgets are widely accessible in stores, and their widespread usage poses a threat to people's privacy.2 People worry that these technological factors, together with their own haphazard internet and social media usage, pose a danger to their privacy. The reality, however, is different. When one looks around, one can find websites like Facebook, YouTube, Twitter, Instagram, etc., becoming indispensable to today's young population.3 Youtubers and reel makers, for example, rely on them to make a living. The most prominent politicians also take use of these venues to boast about their accomplishments and gain support from the public. Recent technological developments have made it easier than ever before to not only meet but even exceed the public's insatiable appetite for inquiry. Today, information is no longer difficult to obtain. No matter what one wishes to find, the answer is just one touch away. However, the Indian Constitution does not expressly bear any reference to an individual's right to privacy. Had it not been for the intervention of the Hon’ble Supreme Court of India and judicial activism, right to privacy would still have been an alien concept to the Indian Constitution. The right to privacy must be respected since it is fundamental to the right to life and freedom.