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LATEST NEWS UPDATES | Supreme Court for 3-tier right to privacy: Intimate, private and public -Dhananjay Mahapatra

Supreme Court for 3-tier right to privacy: Intimate, private and public -Dhananjay Mahapatra

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published Published on Aug 3, 2017   modified Modified on Aug 3, 2017
-The Times of India

NEW DELHI: The Supreme Court on Wednesday outlined a three-tier, graded approach to the question whether privacy is a fundamental right by examining the issue through its intimate, private and public aspects even as it reserved its verdict in the case.

Prior to completion of the two-week-long hearing that attracted arguments for and against conferring fundamental right status to privacy but which saw all parties accepting its intrinsic importance for an individual, a nine-judge bench headed by Chief Justice J S Khehar said privacy could be configured into three zones.

Justice D Y Chandrachud set out the tentative thought process and drew support from Justice R F Nariman. He said, "The first zone could be the most intimate zone of privacy concerning marriage, sexuality, relations with family and the law should frown upon any intrusion. The state could still intrude into this intimate zone in extraordinary circumstances provided it met stringent norms.

"The second zone would be the private zone, which involved parting of personal data by use of credit card, social networking platforms, income tax declarations. In this sphere, sharing of personal data by an individual will be used only for the purpose for which it is shared by an individual.

"The third is the public zone where privacy protection requires minimal regulation. Here, the personal data shared will not mean the right to privacy is surrendered. The individual will retain his privacy to body and mind." The formulation suggests right to privacy may not be unfettered.

The bench, also comprising Justices J Chelameswar, S A Bobde, R K Agrawal, A M Sapre, Sanjay Kishan Kaul and S Abdul Nazeer, realised the difficulty in a straitjacket interpretation of constitutional status of right to privacy, it being linked to liberty which has visible footprints on several fundamental rights guaranteed in Part-III of the Constitution.

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The Times of India, 3 August, 2017, http://timesofindia.indiatimes.com/india/supreme-court-for-3-tier-right-to-privacy-intimate-private-and-public/articleshow/59889604.cms


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