Right to Privacy as a Fundamental Right
Keywords:
Privacy, Fundamental RightAbstract
Right to privacy is the most discussed topic in recent years. A definite legal definition on privacy is quite not possible but there are several judgements of Supreme Court of India regarding this topic. Some countries adapted right to privacy as their fundamental rights enshrined in the constitution. In India and America, there is no such provision of right to privacy. Article 21of Indian constitution states “No person shall be deprived of his life or personal liberty except according to a procedure established by law” It is interpreted liberally because right to life means not only a mere existence like animals but also live a life with some privacy and dignity so that human can progress towards new era. Alan Westin, Professor of Law in Colombia University in his book ‘Privacy and Freedom ‘said “Each individual is continually engaged in a personal adjustment process in which he balances the desire for privacy with the desire for disclosure and communication of himself to others, in light of the environmental conditions and social norms set by the society in which he lives”
References
http://scholarship.law.gwu.edu
http://www.legalservicesindia.com
Books
Understanding Privacy by Daniel J. Solove harvard university press Cambridge, Massachusetts London,
England 2008
"The Privacy Torts(December 19, 2000)
Warren and Brandeis, "The Right to Privacy", 4 Harvard Law Review 193 (1890)
Yael Onn, et al., Privacy in the Digital Environment , Haifa Center of Law & Technology, (2005) pp. 1-12
Westin, A. (1968). Privacy and Freedom (Fifth ed.). New York.:Atheneum.
Flaherty, D. (1989). Protecting privacy in surveillance societies: The federal republic of Germany,
Sweden, France, Canada, and the United States. Chapel Hill, U.S.: The University of North Carolina Press.
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