Six Years After Privacy Verdict: How Judiciary Has Implemented the Law

Why in News?

• After over half a decade of deliberations and numerous iterations of India’s data protection law, both houses of Parliament passed the Digital Personal Data Protection Act last month.
• This comes almost exactly six years after the judgment in K S Puttaswamy vs Union of India, where the Supreme Court reaffirmed the right to privacy and stressed the need for a dedicated data protection law.

Background of the Justice (Retired) K S Puttaswamy vs Union of India Case

• Petitioner’s Prayer Before the Court
  • Retired Justice Puttaswamy challenged the constitutionality of Aadhar before the SC by filing a writ petition.
  • The petitioner contended that all the previous apex court judgements upheld the Right to Privacy as a fundamental right and the Aadhar procedure violated this right.
  • The petitioner put forth that the right to privacy of an individual was an intrinsic part of the right to life and personal liberty as guaranteed by Article 21 of the Constitution.
  • Therefore, along with the other rights contained in Part III, the Court as the guardian of the rights of the people had a duty to safeguard this right.
• Points the Court Had to Deliberate On
  • The issue before the Court was whether Right to Privacy was a fundamental right despite it not being expressly provided for by the Constitution.
  • In its previous judgements, the Court had stopped short of declaring the right to privacy an absolute fundamental right.Therefore, the court needs to clarify whether the view expressed in previous judgements was the correct constitutional position.

The KS Puttaswamy Case Judgement (2017)

• The judgement, pronounced by a 9-judge bench of the SC uphold the fundamental right to privacy emanating from Article 21. 
• The court held that privacy concerns in the age of technology can arise from both the state as well as non-state entities and as such a claim of violation of privacy lies against both of them.
• The Court also held that informational privacy is not an absolute right in the age of the internet, and that when an individual uses his right to control over his data, it may result in a significant infringement of his privacy.
• The court also laid down that the ambit of Article 21 is ever-expanding due to the agreement over the years among the SC judges as a result of which a plethora of rights has been included within Article 21. 

Significance of Puttaswamy Judgement

• Upholding Privacy as a Fundamental Right
  • It formed the cornerstone of privacy jurisprudence in the country, holding that the right to privacy was an integral part of the fundamental rights under the Indian Constitution.
  • Six separate opinions of the Court spelt out an expansive interpretation of the right to privacy. 
• Recognise that Privacy is Tied to Human Dignity and Autonomy
  • The Court construed privacy not as a narrow right against physical invasion, but as one that includes the body and mind.
  • It enables us to make free decisions, and is deeply tied to human dignity and autonomy.
• Recognition of Privacy Central to Daily Lives: Privacy enables citizens to make meaningful choices, for example, concerning sexual and reproductive health, choice of partners, and control over personal information.

Evolution of Right to Privacy since Puttaswamy Judgement

• Navtej Singh Johar v. Union of India (2018)
  • It decriminalised all sexual relations between consenting adults, including adults of the same sex, relying on the right to privacy linked with freedom of expression, equality, and non-discrimination.
  • The SC has explored principles of autonomy, dignity, and identity in relation to privacy to strengthen the framework of constitutional rights.
• Right of Adults to Marry Across Religions and Caste: In multiple judgments, the SC has reaffirmed the right of adults to marry across religious and caste lines, linking such rights to autonomy and self-recognition.
• Joseph Shine v. Union of India case (2018): It decriminalised adultery on the grounds of defending sexual liberty and privacy, as well as excessive state intrusion in people' married lives.
• Common Cause vs Union of India (2018)
  • The Court also examined the role of privacy in the context of end-of-life care and reaffirmed the right to die with dignity.
  • Since Puttaswamy, the SC has deliberated on and expanded the ambit of the right to privacy.

How HCs Relied on Puttaswamy Judgement?

• High Courts have provided more nuanced versions of the right to privacy, especially in cases relating to the right to be forgotten, where individuals can ask for information about themselves to be removed from public records in some cases.
• Privacy, among other grounds, has also been used as the basis for taking down intimate images of individuals where they were shared without consent.
• HCs have also relied on Puttaswamy to clarify the limitations on the powers of investigative authorities in relation to surveillance, search and seizure, and DNA testing.

Is Right to Privacy Absolute?

• The right to privacy has not always prevailed, and the SC has restricted this right in certain cases.
• For example,in a split verdict the Court limited the right to privacy in public spaces and curtailed the right of women to wear a hijab in educational institutions. The case is now slated to be referred to a larger bench.
• Additionally, the Court has also decided to review its verdict in the Sabarimala case, which struck down the customary prohibition on women between the ages of 10-50 from entering the Sabarimala shrine.

Upcoming Cases that can Shape the Rights and Freedom in the Country

• The court will have to decide on the ongoing case relating to the State’s alleged use of the Pegasus suite of spyware on Indian citizens.
• Also, it will deliver its judgment on the right to marry for individuals from the LGBTQIA+ community.
• Contentious provisions of the Digital Personal Data Protection Act are also likely to be challenged soon, and the Court will be called upon to interpret provisions of the law as it is enforced. 

Conclusion

• Since Puttaswamy, the Court has steadily built-up jurisprudence that has expanded the scope of the right to privacy.
• It should continue to do so to allow individuals to more effectively exercise their rights and freedoms in India.

Q1) What is Right to be Forgotten?

The 'Right to be Forgotten' is the right to remove or erase content so that it’s not accessible to the public at large. It empowers an individual to have information in the form of news, videos, or photographs deleted from internet records so it doesn't show up through search engines like Google.

Q2) What is the DPDP Act, 2023? 

Digital Personal Data Protection Act 2023 provides guard rails as it lays down compliance expectations for data fiduciaries (those who collect and process data digitally) in respect of their data principals (people to whom the data  belongs). The law has brought much relief, at a time when the use of artificial intelligence based applications, trained on troves of personal data is gaining popularity.

Source: The Indian Express