The Fundamental Right to Privacy: an analysis

The​ ​judgment​ ​by​ ​the​ ​nine​ ​judge​ ​referral​ ​bench​ ​was​ ​an​ ​emphatic endorsement​ ​of​ ​the​ ​​constitutional​ ​right​ ​to​ ​privacy.​ ​In​ ​the​ ​course​ ​of​ ​a​ ​547​ ​page judgment,​ ​the​ ​bench​ ​affirmed​ ​the​ ​fundamental​ ​nature​ ​of​ ​the​ ​right​ ​to​ ​privacy reading​ ​it​ ​into​ ​the​ ​values​ ​of​ ​dignity​ ​and​ ​liberty.​ In the course of a few short papers, I look to dissect the various aspects of the right to privacy as put forth by the nine judge constitutional bench in the Puttaswamy matter. The papers focus on the sources, structure and scope of privacy as a fundamental right. These three papers were edited by Elonnai Hickok and were originally published on the Internet Governance blog of the Centre for Internet and Society.

Rethinking national privacy principles: Evaluating principles for India’s proposed data protection law

This report builds on the substantial work done in the formulation of the National Privacy Principles by the Committee of Experts led by Justice AP Shah. It re-evaluates the National Privacy Principles formulated by the Committee in light of technological developments such as big data, Internet of Things, algorithmic decision making and artificial intelligence which are increasingly playing a greater role in the collection and processing of personal data of individuals. The report was edited by Elonnai Hickok and Vipul Kharbanda and published on the Internet Governance blog of the Centre for Internet and Society’s website.

A case for privacy paternalism?

This article evaluates paternalistic solutions posed as alternatives to the privacy self-management regime. I look at theories of paternalism and libertarianism in the context of privacy and with reference to the works of some of the leading philosophers on jurisprudence and political science. The article attempts to clarify the main concepts and the arguments put forward by both the proponents and opponents of privacy paternalism. The first alternative solution draws on Anita Allen’s thesis in her book, Unpopular Privacy, which deals with the questions whether individuals have a moral obligation to protect their own privacy. Allen expands the idea of rights to protect one’s own self interests and duties towards others to the notion that we may have certain duties not only towards others but also towards ourselves because of their overall impact on the society. In the next section, I look at the idea of ‘libertarian paternalism’ as put forth by Cass Sunstein and Richard Thaler and what its impact could be on privacy governance. This article was first published on the Internet Governance blog of the Centre for Internet and Society’s website.

Read all my work on Privacy here.


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