Right to online privacy

Privacy is a fundamental human right recognized in the UN Declaration of Human Rights, The international Covenant on civil and political rights and in many other international and regional treaties

Privacy underpins Human dignity and other key values such as freedom of association and also freedom of speech. Whereas in the UK law the rights are protected by the Human Rights Act 1998….

Art. 8 – The right to respect to your family and private life, your home and your correspondence is one of the rights protected by the Human Rights Act.

In nutshell, the right to privacy must therefore be an evolving right. Griswold v. Connecticut17 pronouncement of the United States Supreme Court wherein the Right to Privacy was recognized as a penumbral extension of substantial fundamental rights embedded in the First, third, fourth, and Fifth Amendments, was incorporated, albeit to a limited extent, into the Indian Constitution in the second privacy case of Gobind v. State of M.P18, But the Indian supreme Court did not entirely adhere to the hazy shadowy analogy preferring, rather, to enumerate the Right to Privacy as one of the distinct rights implicit in the right to life and personal liberty under Article 21 of the Constitution of India.

The Constitution of India presently does not have any express Legislation governing data protection or privacy. The relevant laws in India dealing with data protection are,

The Information Technology Act , 2000
The Indian Contract Act, 1872

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