Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
III of the Constitution. As will be pointed out later in this judgment, a Constitution has to be read in
such a way that words deliver up principles that are to be followed and if this is kept in mind, it is
clear that the concept of privacy is contained not merely in personal liberty, but also in the dignity of
the individual.
(iv) Privacy has both positive and negative content: The negative content restrains the State from
committing an intrusion upon the life and personal liberty of a citizen. Its positive content imposes
an obligation on the State to take all necessary measures to protect the privacy of the individual.
Dr. D.Y. Chandrachud, J.:
326. Privacy has both positive and negative content. The negative content restrains the State from
committing an intrusion upon the life and personal liberty of a citizen. Its positive content imposes
an obligation on the State to take all necessary measures to protect the privacy of the individual.
(v) Informational Privacy is a facet of right to privacy: The old adage that knowledge is power has
stark implications for the position of individual where data is ubiquitous, an all- encompassing
presence. Every transaction of an individual user leaves electronic tracks without her knowledge.
Individually these information silos may seem inconsequential. In aggregation, information
provides a picture of the beings. The challenges which big data poses to privacy emanate from both
State and non-State entities. This proposition is described in the following manner:
Dr. D.Y. Chandrachud, J.:
300. Ours is an age of information. Information is knowledge. The old adage that
knowledge is power has stark implications for the position of the individual where
data is ubiquitous, an all-encompassing presence. Technology has made life
fundamentally interconnected. The internet has become all-pervasive as individuals
spend more and more time online each day of their lives. Individuals connect with
others and use the internet as a means of communication. The internet is used to
carry on business and to buy goods and services. Individuals browse the web in
search of information, to send e-mails, use instant messaging services and to
download movies. Online purchases have become an efficient substitute for the daily
visit to the neighbouring store. Online banking has redefined relationships between
bankers and customers. Online trading has created a new platform for the market in
securities. Online music has refashioned the radio. Online books have opened up a
new universe for the bibliophile. The old-fashioned travel agent has been rendered
redundant by web portals which provide everything from restaurants to rest houses,
airline tickets to art galleries, museum tickets to music shows. These are but a few of
the reasons people access the internet each day of their lives.
Yet every transaction of an individual user and every site that she visits, leaves electronic tracks
generally without her knowledge. These electronic tracks contain powerful means of information
which provide knowledge of the sort of person that the user is and her interests [See Francois
Indian Kanoon - http://indiankanoon.org/doc/127517806/
76
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