the protection of life and personal liberty, on the other.
The right to privacy, which is an intrinsic part of the
right to life and liberty, and the freedoms embodied in
Part III is subject to the same restraints which apply to
those freedoms.
XXX
328. Informational privacy is a facet of the right to
privacy. The dangers to privacy in an age of information
can originate not only from the State but from non-State
actors as well. We commend to the Union Government
the need to examine and put into place a robust regime
for data protection. The creation of such a regime
requires a careful and sensitive balance between
individual interests and legitimate concerns of the State.
The legitimate aims of the State would include for
instance protecting national security, preventing and
investigating crime, encouraging innovation and the
spread of knowledge, and preventing the dissipation of
social welfare benefits. These are matters of policy to be
considered by the Union Government while designing a
carefully structured regime for the protection of the
data. Since the Union Government has informed the
Court that it has constituted a Committee chaired by
Hon'ble Shri Justice B.N. Srikrishna, former Judge of
this Court, for that purpose, the matter shall be dealt
with appropriately by the Union Government having
due regard to what has been set out in this judgment.”
As per the above extract from K.S. Puttaswamy (supra) it is clear that
the Supreme Court recognises that if there is a law in existence to justify
the disclosure of information and there is a need for the disclosure
considering the nature of encroachment of the right then privacy cannot
be a ground to justify non-disclosure, so long as the same is not
disproportionate. In India, the Copyright Act is clearly a law, which
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
Page 46 of 51
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات