Thursday, August 6, 2015

Dinesh Kamath's Editorial 'Everyone should enjoy the right to privacy' that was published in Newsband

Everyone should enjoy the right to privacy
Many are surprised by the Attorney General’s contention in the Supreme Court that privacy is not a fundamental right. According to AG, making people part with personal data was not an intrusion into their privacy, and said that there is a need to defend the Aadhaar scheme.
Privacy is now seen as an ingredient of personal liberty. Identifying citizens for providing various services, maintaining security and crime-related surveillance and performing governance functions, all involve the collection of information. In its zeal to aggregate data in electronic form and target subsidies better, the government cannot ignore its responsibility to protect citizens from the perils of the cyber era.
If government believes "right to privacy" is not a fundamental right it should amend the constitution to make it one. Privacy should be declared as fundamental right to every citizen and the privacy can be breached only by the law enforcing authorities after due notice and warrants in accordance with the law if any private citizen is found to be involved in serious offences and activities prejudicial to national security. Certain rights like right to privacy are implied and unstated.
Our Indian bureaucrats who control the rulers, whatever be the party in power, would not allow our nation to become a mature democracy like Swiss, Belgium, or Norway or Sweden. The politicians become victims to these self-serving bureaucrats and demean the entire society itself by declaring, without any inhibition, before the Court that Indians do not have any right to privacy. Government definitely needs the detail information of the people, but it is the sole responsibility of the Government to protect that information and to do this government has to make a law.
In the judgement of 1960's/70's the Supreme Court ruled that even a woman of 'easy virtue' has an expectation of privacy in her personal space and said privacy cannot be invaded without following the due procedure as established by law. Therefore as long as the government evolves a proper legal structure there should be no bar to the collecting of personal information.
Protecting data from misuse is of utmost importance and government agencies responsible need to be held accountable for safeguarding the interests of its citizens.

It is unfortunate that today media is exposing the private lives of prominent people as if they don't have personal life. There must be a line between what is public life and private life of each and every citizen basing on their role, position and status. If investigation authorities collect information unlawfully about the personal details of anyone, then the privacy will be violated. Naturally, what is privacy? to what extent it is protected, when it is violated? – all these things have to be discussed.

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