Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
foundation of all liberty because it is in privacy that the individual can decide how liberty is best
exercised. Individual dignity and privacy are inextricably linked in a pattern woven out of a thread of
diversity into the fabric of a plural culture.
xx xx xx
299. Privacy represents the core of the human personality and recognises the ability of each
individual to make choices and to take decisions governing matters intimate and personal. Yet, it is
necessary to acknowledge that individuals live in communities and work in communities. Their
personalities affect and, in turn are shaped by their social environment. The individual is not a
hermit. The lives of individuals are as much a social phenomenon. In their interactions with others,
individuals are constantly engaged in behavioural patterns and in relationships impacting on the
rest of society. Equally, the life of the individual is being consistently shaped by cultural and social
values imbibed from living in the community. This state of flux which represents a constant
evolution of individual personhood in the relationship with the rest of society provides the rationale
for reserving to the individual a zone of repose. The lives which individuals lead as members of
society engender a reasonable expectation of privacy. The notion of a reasonable expectation of
privacy has elements both of a subjective and objective nature. Privacy at a subjective level is a
reflection of those areas where an individual desires to be left alone. On an objective plane, privacy
is defined by those constitutional values which shape the content of the protected zone where the
individual ought to be left alone. The notion that there must exist a reasonable expectation of
privacy ensures that while on the one hand, the individual has a protected zone of privacy, yet on the
other, the exercise of individual choices is subject to the rights of others to lead orderly lives. For
instance, an individual who possesses a plot of land may decide to build upon it subject to zoning
regulations. If the building bye- laws define the area upon which construction can be raised or the
height of the boundary wall around the property, the right to privacy of the individual is conditioned
by regulations designed to protect the interests of the community in planned spaces. Hence while
the individual is entitled to a zone of privacy, its extent is based not only on the subjective
expectation of the individual but on an objective principle which defines a reasonable expectation.
xx xx xx
307. The sphere of privacy stretches at one end to those intimate matters to which a reasonable
expectation of privacy may attach. It expresses a right to be left alone. A broader connotation which
has emerged in academic literature of a comparatively recent origin is related to the protection of
one's identity. Data protection relates closely with the latter sphere. Data such as medical
information would be a category to which a reasonable expectation of privacy attaches. There may
be other data which falls outside the reasonable expectation paradigm. Apart from safeguarding
privacy, data protection regimes seek to protect the autonomy of the individual. This is evident from
the emphasis in the European data protection regime on the centrality of consent. Related to the
issue of consent is the requirement of transparency which requires a disclosure by the data recipient
of information pertaining to data transfer and use. S.A. Bobde, J:
Indian Kanoon - http://indiankanoon.org/doc/127517806/
89
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières