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Home2017-18-Vol3-Issue2Unearthing the Elements of Privacy from the Information and TechnologyAct, 2000: Data...

Unearthing the Elements of Privacy from the Information and TechnologyAct, 2000: Data Protection in India

“The right to privacy is inextricably bound
up with all exercises of human liberty – both as
it is specifically enumerated across Part III, and
as it is guaranteed in the residue under Article

  1. It is distributed across the various articles
    in Part III and, mutatis mutandis, takes the form
    of whichever of their enjoyment its violation
    curtails.” 2
    Right to privacy is no more a myth – the
    Supreme Court quite recently conferred this
    right upon the citizens of India and has deemed
    it to be a Fundamental Right under Chapter
    III of the Indian Constitution. Overruling the
    verdicts given in M.P. Sharma3 and Kharak
    Singh4, this 547 pages judgement divulges it
    as a Fundamental Right 5under the purview of
    Article 21 and Article 19 of the Constitution
    respectively. The same has been illuminated with
    respect to Article 12 of the Universal Declaration
    of Human Rights which declares:
    “No person shall be subjected to arbitrary
    interference with his privacy, family, home or
    correspondence, nor to attacks upon his honour
    and reputation. Everyone has the right to
    protection of the law against such interference.”6
    , thereby concluding that:
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