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The Supreme Court must decide if the right to privacy can be enforced against private entities. [29] The Indian Supreme Court with nine-judge bench under JS Khehar, ruled on 24 August 2017, that the right to privacy is a fundamental right for Indian citizens per Article 21 of the Constitution and additionally under Part III rights. Specifically ...
The right to privacy and the protection of sexual orientation lie at the core of the fundamental rights guaranteed by Articles 14, 15, and 21 of the Constitution. [ 6 ] Their rights are not "so-called" but are real rights founded on sound constitutional doctrine.
On 24 August 2017, a nine-judge bench of the Supreme Court in Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors. unanimously held that the right to privacy is an intrinsic part of right to life and personal liberty under Article 21 of the Constitution. [52]
The recognition of the right to access to public information under Article 10 (including "freedom (..) to receive (..) information") of the European Convention on Human Rights was one of subjects in Guerra v. Italy case before the European Court of Human Rights in 1998. The majority considered Article 10 was not applicable to the complaint.
The right of access, also referred to as right to access and (data) subject access, is one of the most fundamental rights in data protection laws around the world. For instance, the United States, Singapore, Brazil, and countries in Europe have all developed laws that regulate access to personal data as privacy protection.
These include the Fourth Amendment right to be free of unwarranted search or seizure, the First Amendment right to free assembly, and the Fourteenth Amendment due process right, recognized by the Supreme Court of the United States as protecting a general right to privacy within family, marriage, motherhood, procreation, and child rearing.
Information privacy, data privacy or data protection laws provide a legal framework on how to obtain, use and store data of natural persons. The various laws around the world describe the rights of natural persons to control who is using their data.
The mis-application of this provision denied them the Fundamental Right to equality guaranteed by Article 14. It infringed the Fundamental Right to non-discrimination under Article 15, and the Fundamental Right to live a life of dignity and privacy guaranteed by Article 21.