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RIGHT TO PRIVACY - THE FUNDAMENTAL RIGHT

Authors: Tarannum Jahan;

RIGHT TO PRIVACY - THE FUNDAMENTAL RIGHT

Abstract

Abstract: The right to privacy in India has been contested in court, but it was finally codified into their constitution in 2017. However, it failed as many thought it would pose a problem for the investigations and powers of the states if the right to privacy meant “it would elevate every private/ civil communication to that of State papers.” In the two mentioned cases, the right to privacy was brought up by the defendants but was struck down by the Supreme Court, which denied that the right to privacy itself existed in the constitution, so it was not applicable for the defendants to use in Court. It was not until the case involving Justice K.S. Puttuswamy which brought about a change and a decision by the 9 Supreme Court justices to add the right to privacy in Part III of the Indian Constitution. In the year 2000, an effort has been made by our legislature to embrace privacy issues relating to a computer system under the purview of the IT Act, 2000. After the Supreme Court’s landmark judgment on the right to privacy in the Justice KS Puttaswamy case which suggested that the government should legislate a data privacy law to ensure that the fundamental right to privacy is adequately protected to protect interrelationships. A noteworthy change is in the form of exemptions extended to government agencies concerning data processing. This exemption may be examined in light of the recent Supreme Court judgment in the Pegasus spyware case.

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citations
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popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
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influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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