Right to Privacy (RoP): Key Insights

Context
Justice KS Puttaswamy, the petitioner in the landmark ‘right to privacy case’ and a former judge of the Karnataka High Court, recently passed away. His challenge to the Aadhaar program’s constitutionality led to the recognition of RoP as a fundamental right under Article 21 of the Indian Constitution.

Right to Privacy in India

Background
In the case brought by Justice Puttaswamy, the Supreme Court (SC) of India established the RoP as intrinsic to the fundamental right to life and personal liberty under Article 21. Prior to this ruling, the government argued that RoP existed under common law but did not hold the status of a fundamental right.

SC’s Landmark Ruling
The SC overruled earlier decisions in the M.P. Sharma (1954) and Kharak Singh (1963) cases, elevating RoP to a fundamental right. Although the Court did not define RoP explicitly, experts highlight three key elements:

1. Personal Autonomy
2. Freedom of Choice
3. Control Over Personal Information

Legal Implications of the Judgment

1. Strengthening the Constitutional Framework
   The SC emphasized the principles of autonomy, dignity, and identity, strengthening the constitutional rights framework.
2. Enhanced Immunity
   With constitutional recognition, RoP gains a degree of protection against being overridden by popular opinion or legislation, unlike a right recognized solely under common law.

Subsequent Expansion of RoP

1. Navtej Singh Johar v. Union of India (2018): Decriminalized consensual sexual relations between adults.
2. Shakti Vahini v. Union of India (2018): Established that personal choices in marriage fall under privacy and dignity.
3. Joseph Shine v. Union of India (2018): Decriminalized adultery, underscoring sexual privacy.
4. Common Cause v. Union of India (2018): Affirmed the right to die with dignity, particularly in end-of-life care contexts.

Global Recognition of the Right to Privacy

International Protections

1. Universal Declaration of Human Rights (1948), Article 12
   Protects against “arbitrary interference” with privacy, family, home, correspondence, honor, and reputation.
2. International Covenant on Civil and Political Rights (ICCPR, 1966), Article 17
   Affirms similar protections for privacy and family.

Examples of RoP in Different Nations

1. United States
   The U.S. Constitution lacks an explicit privacy clause, but court interpretations and the Privacy Act of 1974 protect citizens’ records and personal details.
2. Sweden
   The Data Act of 1973 was a pioneering law protecting privacy concerning data on computers. Additionally, Sweden’s constitution includes rights for personal data protection.
3. Canada
   Privacy rights were incorporated into the Canadian Human Rights Act in 1977 and expanded in 1983 to govern government access to and disclosure of personal data.
4. European Union
   Article 8 of the European Convention on Human Rights (ECHR) grants a right to privacy, family life, and home, with some restrictions. The EU’s Data Protection Directive (1995) regulates personal data processing across member countries, ensuring privacy protection standards.