15
necessary, relevant, or is incorrect and serves no
legitimate interest. Such a right cannot be exercised
where the information/data is necessary, for
exercising the right of freedom of expression and
information, for compliance with legal obligations, for
the performance of a task carried out in public
interest, on the grounds of public interest in the area
of public health, for archiving purposes in the public
interest, scientific or historical research purposes or
statistical purposes, or for the establishment, exercise
or defence of legal claims. Such justifications would be
valid in all cases of breach of privacy, including
breaches of data privacy.”
The Hon’ble Apex court while considering the issue of
a conflict between the right to privacy of one person
and the right to a healthy life of another person has
held that, in such situations, the right that would
advance public interest would take precedence.”
(emphasis supplied)
11.The Hon’ble Supreme Court of India in the case of Mr ‘X’ v.
Hospital ‘Z’7 has recognized an individual’s right to privacy as
a facet Article 21 of the Constitution of India. It was also
pertinently held that the right which would advance the public
morality or public interest would alone be enforced through
the process of court, for the reason that moral considerations
cannot be kept at bay and the Judges are not expected to sit
as mute structures of clay in the halls known as the
courtroom, but have to be sensitive, “in the sense that they
7(1998)
8 SCC 296