RIGHT TO PRIVACY: A JURIDICAL STUDY WITH

SPECIAL REFERENCE TO ROLE OF TECHNOLOGY IN

DEFINING ITS SCOPE

ABSTRACT

SUBMITTED TO FACULTY OF LAW, UNIVERSITY OF DELHI, DELHI

FOR THE DEGREE OF

DOCTOR OF PHILOSOPHY IN LAW

Supervisor Submitted by
Prof. (Dr.) Raman Mittal Harish Kumar Tiwari

FACULTY OF LAW
UNIVERSITY OF DELHI
DELHI-110007

2020
 ABSTRACT

“The cost of benefits shouldn’t be your fundamental right to privacy”

- Privacy International

Introduction

The jurisprudence of Privacy is a multidimensional and dynamic legal category, in a sense

that it is specifically distinct in every specific dimension of time and space. Privacy is natural
and quintessential for the very essence of human being to blossom in its all potentials. Every
society which ignores the private spheres machinates human beings as an automata- which
may be efficient in production of goods and values but essentially free will and human
dignity are compromised. Romantic thinkers, such as Rousseau rightly said that the liberty is
the very essence of human beings. And to disregard it means the very essence of human
dignity is lost. For private sphere constitutes one of the essential ingredients of freedom and
liberty. And every public gaze amount to intrusion to the quintessential right, which is a
golden thread of all the basic human rights, for example, liberty, dignity, and autonomy. The
contours of privacy are not standstill, rather privacy is in its essence is dynamic and
dialectical concept. The concept of privacy cannot be circumscribed like a fixed
mathematical formula; it is imagined in the cultural mind of every unique society like basic
‘jural postulates’.1

Privacy is a sphere that works on personal, political, legal, social, managerial, and
technical aspects of human’s life. The category of privacy brings in its colors various shades
of the humans-societal interactions. It is inalienable and inherent right which is not gifted by
state rather nature itself guarantees it by birth itself. Further, we can say privacy is an inherent
right of an individual, which is individual inhere himself not conferred by someone. Privacy
is conventionally attached to the reasonable expectations of every person ‘to be let alone’.
Thomas Cooley in his celebrated work coined this phrase, which simply means as “protecting
an individual’s right to seclusion”. He further writes, “The right of one’s person may be said

1
See, Justice K. S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1. Jural postulate here means the
normative standard of every given society which varies in spatial dimensions of every evolved culture. Every
society function like an organic body, accepts some actions as virtues and rejects quite a few as vices. To see in
details, Roscoe Pound, Social Control Through Law (Yale University Press, 1942).

1
to be a right of complete immunity; the right to be alone.”2 According to Prof. Allen Westin
the term privacy means “the state of solitude or small group of intimacy”. 3 The signification
of privacy, as attributed in the Dictionary4, is that; “the absence or avoidance of publicity or
display; the state or condition from being withdrawn from the society of others, or from
public interest; seclusion”. The Legal Dictionary5 defines privacy as “the right to be let alone;
the right of a person to be free from unwarranted publicity; and the right to live without
unwarranted interference by the public in matters with which the public is not necessarily
concerned”.6

Thus, privacy right is the condition precedent in the meaningful exercise of all the rights
conferred in Part III of The Indian Constitution, 1950.7 When it is asked by the right holder
before the court to protect this sacrosanct right,8 the appropriate court traces out its roots
under Art. 21 of the Indian Constitution. Not only that, even articles, such as 19(1), 20(3), 25,
28, and 29, etc., are incomplete in its applications, unless the privacy right is read as integral
part of these guaranteed rights under the Indian Constitution.

The contours of this right are not possible to demarcate once for all time, as Justice S. A.
Bobde rightly explained, “The future developments in technology and social ordering may
well reveal that there are yet more constitutional sites in which a privacy right inheres that are
not at present evident to us”.9

In the 1980s and 1990s, computerization and digitization were perceived as a threat to
the privacy rights of citizen due to the advancement of digital technology and its incredible
capacity to collect, store, accumulate, process, aggregate, use, and offer access to constantly
snowballing extents of personal information. Further, information mirroring and personal
profiling were enabled by the ease of processing of data held by diverse consumers and at
various geographical regions. The way of violation of privacy rights have changed with the

2
Thomas Cooley, Treatise on the Law of Torts 29 (Callaghan and Company, Chicago,
2nd edition 1888).
3
Gupta and Agrawal, Cyber Law, 24 (Premier Publication, Allahabad, 1st Edition 2008).
4
The New Oxford Dictionary, (Vol. 2, 1993).
5
The Black’s Law Dictionary, (6th Ed., 1990).
6
It is further described as: “Term ‘right to privacy’ is generic term encompassing various rights recognized to
be inherent in the concept of ordered liberty…”.
7
Privacy right is a premise, over the other provisions of part III of the Indian Constitution are lies, it felicitates
the ancillary rights recognized and protected as a fundamental right.
8
“Protection of life and personal liberty”. — “No person shall be deprived of his life or personal liberty except
according to procedure established by law”.
9
Justice S.A. Bobde opined in Justice K. S. Puttaswamy (Retd.) v. Union of India (2019) 1 SCC 1: 2018 SCC
online SC 1642.

2
advanced technology; be it data principal, corporation, governmental and non-governmental
organizations, for the sake of personal, commercial, educational, and recreational adventures.
Further, the scattered nature of such universal network makes it challenging to get any useful
and exact estimation of the total sum of consumers, much less the relative extents of the
various kind of use. New technological inventions and cyber threats may be indiscernible but
their impacts are very real, and interrelated computers and other devices that are virtually
reachable are intrinsically prone to infringements of privacy rights. Since, scales of data,
which are moving through virtual world has extended, so too has its value to private firms,
state, and those having malicious intentions. Our information trail has a larger footprint
across virtual world, making us more prone to online crimes and privacy violations.10

Progress in sophisticated technology and science have rapidly grown the capacity of
data that can be collected, generated, processed and collated virtually promptly. Huge
quantity of personal data is stored by several bodies, both public and private, investigating
agencies, IT wing, banking sectors, health insurance companies, credit-rating agencies, stock
brokers, employers, medical practitioners, advocates, wedding sites and apps, spy agencies,
flights companies, guesthouses, and so on. Until recently, this data was held offline; the sheer
and a deficiency of centralization made it hard to collate with the result that it was very
challenging for one institution or individual to utilise such data effectively. In the
advancements of technological age, data is too centralized11 and so easily accessible that one
tap on a button could throw up startling amounts of data about an individual. This has led to
the government authority/government authority, private players can keep a close eye on the
individual.12

Undoubtably, the right to privacy is the great concern in information age, whereas data
mining may reveal more secrets than the concerned person may be able to know about
himself or herself. It is a well-established fact that the growth of science and technology
made it easy to commit cyber-crime with impunity which has challenged the traditional
modes of conceiving crime and criminology. Under certain conditions the violation of
privacy is also a cyber-offence. Though, on the one hand, it is a fact that development of

10
Available at: https://www.priv.gc.ca/information/research-recherche/2014/cs_201412_e.asp#heading-003
(visited on July 21 2016).
11
For example, Aadhaar data controlled and centrally stored at one place in India. There could be a situation
wherein cyber-attacks may occur at single point they may rob easily the Aadhaar data of Indian citizens by the
virtue of potentially harmful technology.
12
Supra note 10.

3
science and technology has made relatively easy to commit cyber-crime, on the other hand,
the menace of cyber-crime, which sometimes amounts to the breach of privacy, can be
checked by more sophisticated technology. However, it is not technically possible to check
every kind of invasion of privacy, for example, phone tapping, surveillance through CCTV
camera, spy camera, drone camera on the public places, etc. But, every violation of privacy at
cyber-space is traceable and extinguishable through effective use of counter measures, such
as encryption, cryptography, etc. Even the secret of governmental and non-governmental
organization may be maintained by claiming executive privileges. Not only that, even privacy
related policies are also helpful to check the violation of privacy.

Privacy has nothing to do with taking refuse in sinful castle. It rather procures protecting
what may be defined in us as the essence of human beings: our day-to-day behavior, our
personality, our fears, our relationships, and our vulnerabilities.13

Humans have an innate tendency to grow; in that sense, the growth of consciousness
regarding privacy goes hand in hand with its violations. To substantiate it, new devices,
technological innovations and internet together can be used by intermediary companies to
gather enormous quantity of data, available in form of personal profile. They promote
commodification of humans as subject for the sake of profit.14Advancement in the technology
and science has magically shifted the way of collection of the data of the individuals through
various modes such as, ola, uber, online service apps, intermediaries and so on.15 Till the
recent past, this information was transient enough to remain temporal and insignificant; there
was nothing like centralization of data to use it in the market to gain by both hands. In the
information age, data is centralized enough, stored online/cloud and so effortlessly accessible
that in one click of switch one can project startling quantities of data about an individual.
This lets govt. authorities/private entities to keep a closer vigil over the data principals/users.

Sophisticated technology has blurred the usual boundaries between online devices.
Tools and methods like data mining ensure that every bit of valuable data is extracted and

13
It is contrary to say that “I Have Nothing to Hide” such notions are myth with regard to privacy rights. See
generally, Vrinda Bhandari and Renuka Sane “Protecting Citizens from the State Post Puttaswamy: Analyzing
the Privacy Implications of the Justice Srikrishna Committee report and the Data Protection Bill, 2018” 14
Socio- Legal Rev. 143 (2018).
14
See generally, Raman Mittal and Neelotpal Deka, “Cyber privacy”, in S.K. Verma and Raman Mittal (eds.)
Legal Dimensions of Cyber Space 8 (ILI, Delhi, 2004).
15
Ibid.

4
logged. Filtering and mirroring of data empowers integration to be made between the
contents of earlier uncorrelated databases and that makes potential risk to data privacy rights.

Contemporary jurisprudential developments in India have paved the path of privacy rights as
a fundamental right under Part -III of the Indian Constitution, 1950. In the Privacy
judgment16, all clouds of uncertainty over the nature of privacy rights have been eliminated
by the apex court. This judgment has considerable implications on the various issues such as
Aadhaar Act, 2016, sexual orientation case, WhatsApp privacy policy, which the apex court
has effectively dealt with through various petitions in recent past. It could be safely said that
the privacy rights in India is a fundamental right, and it is, in fact, a peculiar blend of
constitutional, customary, and legal rights.

Privacy as an inherent right17 traces upon the basic requirements and values attached
with human’s sociable instincts. Definitely, the extent of scientific and technological
innovations create demand to protect these interests related to privacy. And by upholding the
privacy rights as a fundamental right, the Apex Court in privacy judgment18 has advanced the
privacy jurisprudence, which is, as per the court, inherent in human being by his or her birth.

Now, right to privacy has been declared as a fundamental right under Part -III of the Indian
Constitution in the case of Justice K.S. Puttaswamy (Retd.) v. Union of India 19and cloud over
nature of privacy rights is now over. This judgment will have considerable implications for
the future of various issues such as Aadhaar Act, 2016, sexual orientation case, WhatsApp
privacy policy case which is pending before Hon'ble Supreme Court. It can be concluded that
right to privacy in India is a fundamental right and also it is a peculiar blend of constitutional,
customary and legal right spread over the various legal arena.

Statement of Problem
This study visualizes the causes of invasions of privacy rights in technological advancement
era which are recognize under Article 21 of Constitution of India, 1950 through judicial
pronouncements and various statutes in India. Privacy is recognized as one of the most
invaluable human rights.

16
(2017) 10 SCC 1.
17
Art., 12 “of the Universal Declaration on Human Rights, 1948. Article, 17 of the International Covenant on
Civil and Political Rights 1966”.
18
Supra Note, 13.
19
(2017) 10 SCC 1

5
However, in the age of advancement of technology we are much dependent on these
technologies to discharge our day to day work. Increasing such digitization it might be a
potential threat to the privacy rights. There is a legislative inertia to protect the privacy rights,
without adequate legal mechanism violations of privacy rights likely to continue in India.

Thus, there is a need to trace the various challenges emanating from advancement of
technology and examine the existing legal mechanism and to identify possible solutions to
protect privacy rights in India.

Review of Literature
A number of literatures are available on the topic. This review of literature presents an insight
of some important and relevant to the study.

“The Right to Privacy in India: Concept and Evolution” by Gaurav Goyal 2016, In this
book he has tried to compare the present day scenario with what was followed during the
Ramayana and Mahabharta and also the rules of Arthshastra in light of present day statutes.
In past, several years, invasions of privacy by the coverage of public figures. At the same
time this type of news gathering and reporting has come under increasing criticism by the
news audience as well as media critics. He also tried to examine privacy in India, how it is
different from privacy in the west. Hence, this book brings the ethical analysis of privacy
invasion by the news media.
“Data Protection Law in India” by Pawan Duggal 2016, the author has put a unique effort
to make the legal fraternity aware about the sensitivity of the data disseminated through
various e platforms and online transactions. This book has been divided into eleven different
chapters covering various aspects of the existing legal regime on data protection and liability
in case of its breach. Chapter of this introduces the concept and history of data protection in
brief. This chapter with little length is comprehensive.
Chapter two states about principles of data protection applicable in Europeans, American and
south Asian countries. However the focus of this chapter is with respect to India is small and
should have been holistic.
Chapter three of this book tried to give a summary of existing Information Technology Act
2000 but chapter covers mainly definition part of the said Act. Chapter four and five of this
book provides for law on electronics record, its authentication, retention and audit
respectively. These two chapters mainly deal with sections 4 to 9 of the Information
Technology Act, 2000. This includes legality of electronic records electronic signature, legal

6
recognition of electronic signature and legal aspects of retention and audit of electronic
records. Simultaneously Chapter seven talks about to secure electronic record and electronic
signature, it also state briefly about security procedures and practices for the purpose of
electronic signature and records this chapter is nothing but very brief account of sections
14,15 and 16 of the Information Technology Act, 2000.
Electronic contracts have been discussed in Chapter six, covers section 10A of the
Information Technology Act, 2000 and side by side correlate the essentials of section 10 of
the Indian Contract Act, 1872. Under this chapter readers would expect at least there should
be a comparative study between formations of traditional and E- Contracts particularly with
regard to ‘completion of the communication’. However provisions for civil and criminal
liability for breach of electronic data have been discussed at length at the chapter eleven of
this book. This chapter is really qualitative and quantitative too.
Encryption of the information by users and its decoding/ decryption by is a burning issues
today– Chapter eight, states about legal aspect of encryption, digital signature and data
protection. In this chapter author has shown his expertise while giving account of importance
of encryptions and its decoding/decryption and its legal implications. Subsequently chapter
nine comes into the picture which is about data protection, reasonable security practices and
procedures. This chapter gives detail account of rules regulations and decided cases on the
subject.
The fate of the data protection lies in the hands of the intermediaries. Therefore the role of
intermediaries becomes very crucial in data protection. Chapter ten of this book provides an
insight of this issue along with existing legal; provisions and decided cases it also talks about
due diligence clause and various provisions regarding exception from liability.

“Internet Privacy Rights: Right to Protect Autonomy” by Paul Bernal 2014, This book
analyses the current threats to our online autonomy and privacy and proposes a new model
for gathering, retention and use of personal data. Key to the model is the development of
specific privacy rights; a right to roam the internet with privacy, a right to monitor the
monitors, a right to delete personal data and right to create, assert and protect on online
identity. These rights could help in the formulation of more effective and appropriate
legislation and shape more privacy- friendly business models. He also examines how the
internet might look with these rights in place and whether such an internet could be
sustainable from both a governmental and a business perspective.

7
“Legal Dimensions of Cyber Space” by S.K. Verma and Raman Mittal 2004, The authors
have explored the basic concepts of the cyber world like meaning, types, features and major
components of computers; the history and development of the internet; merits and limitations
of internet; various computer contaminants like virus, worms, Trojans etc. Emphasizing on
the importance of computers and internet in day-to-day chores they have opined that “today it
touches and influences almost every aspect of our lives. We are in the information age and
computers are the driving force. We hardly do any activity that is not in some way dependent
on computers.” Authors further suggest that not only do we need to be computer-literate, but
we also need to understand the myriad issues that surround our extensive and necessary
dependence on computers. Commenting on the interlink of human-conflicts-law, they state
that where humans are, crime and conflict of interests cannot be far behind, further, where
crime and conflict of interests are, law must necessarily march in order to take control and
regulate. Hence, authors have made a detailed study on the indispensable role of computer
and internet, and the resultant cybercrimes.
“Dissent on Aadhaar Big Data Meets Big Brother” by Reetika Khera 2019, This book
attempts to do precisely that, by covering various issues pertaining to privacy concern and
also attempt has been made to identify the many loopholes of the Aadhaar card project. It
provides holistic insights of the conundrum that related to the privacy issues. This is an
invaluable contribution to the academic scholarship around the subject. This book offers an
intelligent, reasoned and wide ranging view to the The Aadhaar (Targeted Delivery of
Financial and other Subsidies, Benefits and Services) Act, 2016 and issues pertaining to the
privacy rights.

“National Commission to Review the working of The Constitution” by Justice M.N.

Venkatachaliah 2002, in its report recommended that right to privacy like any other
fundamental rights cannot be absolute and should be subject to reasonable restrictions. And
also stated that the Right to Privacy may be specifically included as a fundamental right.

Objectives of Research Study

Today, new technologies, networks, and organizations are emerging to provide greater
electronic connectivity and data exchange. Electronic communication systems generate vast
quantities of transactional data that can be readily collected and analysed. And law
enforcements agencies emphasis on electronic surveillance. Confronted by these challenges,
there are still grounds for optimism.

8
 Threats to privacy have loomed large in recent decades; advances in privacy have also
been significant. Advances in communications technologies over the last half century
significantly challenge individual privacy. Development of rapid and powerful technologies
has vastly enhanced the ability to collect, store, link, and share information. In this
technological advancements era pose a serious threat to privacy.
The study has proceeded on the following objectives:

 To find out the evolution of privacy in its historical perspective.

 To explore the international and regional framework at universal level

recognized and protects the right to privacy as a basic human right.

 To explore the Constitutional and legal provisions of the Indian legal system,
to identify and highlight the status of the right and extent of the protection
enshrined in those legal provisions and constitutional status of this right.

 To find out the contemporary challenges emanating from advancements of

technology in digital age.

 To study and analyse the implications of the provisions of The Aadhaar Act,
2016, on Privacy rights.
 To identify possible techno-legal mechanism to check the invasion of privacy
rights

Research Questions:
The present study has based on the following research questions:
 How far the judiciary has contributed in giving shape to privacy right as a
fundamental right under Part III to the Indian Constitution?
 What are the cotemporary challenges emanating from advancements of technology
which invades privacy rights?
 Whether the existing legal mechanism and policies are adequate to meet out
challenges emanating from advancements of technology on privacy rights?
 Whether the Aadhaar Act 2016 is an invasion on the right to privacy of the citizen?

9
  What should be the methods (mechanism) to protect the privacy rights while not
impeding the technological advancements?

Significance of Research Study:

Privacy has been a matter of concern for a civilized society. It denotes some personal aspects
of a human being which he/she wants to keep confidential from the interference and
cognizance of rest of the world. It has been the subject – matter of mental understanding and
respect from time immemorial. It appears to be a matter of consensus in most liberal
democracies that there to exist private and publishers in every citizen's life and those there
two spheres are distinct and have to be treated as such. However with the advancement of
tutelages instance of infringement of privacy has been enhanced. Present day’s concept of
privacy concerns a broad scope not only of individual affairs but even of the affairs of the
state as well as groups also. Because of the frequent use of the modern technologies we have
been dependent over these, from where the probability of privacy violation enhance. Right
from the morning to midnight; from studies to services; from entertainment to treatment,
from banking to planning etc. We are very much dependent on modern technologies devices.
There is no specific statute on right to privacy in India.

Internet in the era of informational globalization is indispensable from our lives. And the
advancement of the technology makes our life much easier and efficient, for example, latest
information reach to us in a few moments. Similarly, app-based services, like Ola, Uber,
Amazon, and Zomato, etc., make our lives easy. With the progression of information and
technology the dark matters do arise in the form of cybercrime, which generally attack the
inviolability of data.

The websites, apps, and intermediaries collect huge personal information, through
registration pages, survey forms, and other forms. They collect data implicitly as well through
various software and spywares. Data-mining, in a way, helps in the extraction of personal
preferences.

One cannot anticipate and imagine the contours of privacy, which were prevalent in ancient
and medieval civilization of humankind. Over few centuries, the sea-change in the
transformative advancement of information and technology has established a virtual world,
which appears to be more real than the real reality. These changes have posed some serious

10
challenges before the civilization to protect the traditional approaches of life, which were far
more simple, sacred, and mysterious. Meanwhile, the great transformation of our society has
created a unique situation in which every person is caught; on the one hand, technology is
efficient enough to ease our lives, on the other hand, these very technologies have enslaved
the very possibility of autonomous human agency. People, in our contemporary age, are
exposing every bit of private life with the paradoxical exclamation of right to privacy!

The subject of this study is intended to ensure that privacy should not be forgotten in rhyme
of public imagination, and humans ought not to be reduced merely as a bit of data and
information. Autonomous conducts should be our spinal code to erect a republic of
enlightened citizenry, devoid of passivity and submissive head of servile creatures.
‘Dataveilance’ must be destabilized, demythicized, so as to facilitate the free flow of
imagination, without being concerned about invisible big brother.

This research study is also pertinent to understand the right to privacy issues in technological
advancements era and to identify possible techno-legal solutions for the same.

Research Methodology:
This study has based on “Doctrinal-cum-Empirical research” of research. This study
includes various approaches like descriptive, analytical and co-relational. Under this research
method, the related and relevant study material from various libraries of reputed institutions
has been collected and studied. The study material has been collected specifically include the
study National laws and Judicial responses, Constituent Assembly Debates, Books, journals,
articles, newspapers reports and project reports of legal and other pertinent institutions and
organisations, magazines, newspapers, e-resources, social networking sites, seminars and
conferences proceedings, working papers etc.

Scheme of Chapters
In order to achieve the objective of the study, this study is divided into following
chapters:

11
Chapter I- Introduction

It is introductory in nature and deals with examine the meaning, definitions, importance,
classification, tracing the roots of privacy in India and historical development of right to
privacy and study of the concept and issues surrounding it.

Chapter II- Right to Privacy: A Fundamental Right

This chapter contains an international and regional framework for protection of the right to
privacy at the global and regional level in the technological advancement era. It includes
jurisprudential discourse on origin of privacy rights.
This chapter also discuss in detail the Constitutional and legal framework of right to privacy
in India. It discuss about how to find the right to privacy in constitutional ambit, several other
various statutes recognizes right to privacy in India. The chapter focuses on the evolution of
right to privacy in India through legislation. It also covers implications of Justice K.S.
Puttaswamy (Retd.) v. Union of India20

CHAPTER III- Right to Privacy: Databases

This chapter deals with the interface between the right to privacy and technological
advancements in present era. It analyze efficacy the existing law pertaining to privacy rights.
It also includes various challenges emanating from advancement of technology and poses
potential threat to privacy rights.

CHAPTER IV- Implications of Social Media on Right to Privacy in India

This chapter deals with the various nuances of social media and its implications on privacy
rights in India. It also analyses how social media tech yield data through their service
providing avenue and such build-up of data invades privacy rights.

CHAPTER V- Implications of Aadhaar Act, 2016, on Privacy Rights: A Juridical

Analysis from the lens of K.S. Puttaswamy Judgment

20
(2017) 10 SCC 1

12
This chapter deals with the analytical explanation, privacy concerns and study regarding a
newly enacted, The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits
and Services) Act, 2016. It also covers the implications and review of Aadhaar Judgment21
delivered by Hon’ble Supreme Court of India on 26th September, 2018.

Chapter VI- Conclusion and Way forward

This chapter contains the conclusion of the study with analytical approach of the right to
privacy. Further, the final presentations of major findings, a few suggestions have also been
inculcated to reform the law with respect to the privacy of individuals, groups and
associations. It also includes preventive measure such as cyber hygiene etc. for the protection
of the privacy rights.

21
K. S. Puttaswamy v. Union of India (2019) 1 SCC 1 : 2018 SCC online SC 1642

13
 SELECTED LIST OF CASES

Albert v. Strange (1849)!Mac&G25: 41ER1171

Avanish Bajaj v. State 150 (2008) DLT 769.

Boyd v. United States 116 U.S. 616 (1886).

Destruction of public and private properties v. state of A.P. (2009), 5 SCC 212.

District Registrar and Collector v. Canara Bank AIR 2005 SC 186.

Eisenstadt v. Baird, 405 U.S. 438 (1972).

Folk lai Ying v. Governor in Council of Hong Kong (1997)3LRC101

Govind v. State of M.P. AIR 1975 SC 1378; (1975) 2 SCC 148.

Griswold v. Connecticut 381 U.S. 479 (1965).

Guerra v. Italy, European Court (1998)26EHRR357

Harvinder kaur v. Harminder Singh AIR 1984 Delhi 66.

In re Ratanmala. AIR 1962 Mad. 31.

Kaleidoscope (India) (P) Ltd. v. Phoolan Devi AIR 1995 Del 316.

Katz v. U.S. 389U.S.390(1968)58

Kaye v. Robertson (1891)FSR62

Kharak Singh v. State of U.P. AIR 1963 SC 1295.

K. S. Puttaswamy v. Union of India (2017) 10 SCC 1

K. S. Puttaswamy v. Union of India (2019) 1 SCC 1 : 2018 SCC online SC 1642

Malak Singh v. State of Punjab AIR 1981 SC 760: 1981 Crl. LJ 320.

Maneka Gandhi v. Union of India AIR1978SC597

McLeod v. United Kingdom, European Court (1998)27EHRR493

Megraj Patodia v. R. K. Birla, (1971) 1 S.C.R. 399.

14
Meyer v. Nebraska 268U.S.390(1923)

Mr. ‘X’ V. Hospital ‘Z’ AIR 1999 SC 495.

Ms. X V. Mr. Z AIR 2002 Delhi H.C.

NALSA v. Union of India, Writ Petition (CIVIL) No.400 OF 2012

Naz Foundation vs Government of Nct of Delhi, W.P. (Civil) No.7455/2001.

Neera Mathur v. Life Insurance Corporation of India AIR 1992 SC 392.

Olmsted v. United States (1928) 277 US.438 at p.478.

P. Rathinam v. Union of India AIR1984SC1844

People’s Union for Civil Liberties v. Union of India AIR 1997 SC 568.

Planned Parenthood v. Dan forth 428 US. 52 (1976).

R. M. Malkani v. State of Maharashtra AIR1973SC157

R. Rajagopal v. State of Tamil Nadu AIR 1995 SC 264: (1994) 6 SCC 632.

Rama Reddy v. V. V. Giri, AIR 1968 SC 147.

Ratan Tata v. Union of India Writ Petition (civil) No. 398 0f 2010.

Roe v. Wade, 410 U.S. 113 (1973).

S. Pratap Singh v. State of Punjab AIR 1964 72,(1964) SCR (4) 733.

Saroj Rani v. Sudarshan Kumar AIR 1984 SC 1526.

Selvi v. state of Karnataka, (2010) 7 SCC 263: (2010)3 SCC (Cri) 1.

Sharda v. Dharmapal AIR 2003 SC 3450.

Stanley v. Georgia 394 US 557 (1969).

State of Maharashtra v. Madhular Narayan Mardikar AIR 1991 SC 207.

Surjit Singh Thind v. KanwaljitKaur. AIR 2003 P. H. 353.

T. Sareetha V. T. VenkataSubbaiah AIR 1983 AP 356.

15
 Turner V. Spooner (1861)30LJ(N.S.)Ch.801

Webster v. Reproductive health 109 S.C 3040 (1989).

Wolf.v. Colorado 338 U.S. 25, 93.

Yusuf Ali Ismail Nagree v. State of Maharashtra AIR 1973 SC 157.

Zahida Begum v. Museaque Ahmed AIR 2006 Kant. 10.

SELECTED BIBLIOGRAPHY

Statutes

 Constituent Assembly Debates

 Indian Penal Code, 1860

 The Constitution India, 1950

 The Official Secrets Act, 1923

 The Hindu Marriage Act, 1956

 The Right to Information Act, 2005

 The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and
Services) Act, 2016

 The Information Technology Act, 2000

International Instruments

 Universal Declaration of Human Rights, 1948

 International Covenant f Civil and Political Rights, 1966

 International Convention of Economic, Social and Cultural Rights, 1966
 European Charter on Human Rights
 Convention on the Rights of the Child 1989
 Convention on The Rights of Persons with Disabilities, 2006

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Reports

The Report by, The Expert Group constituted by the Planning Commission of India on Data
Protection

The Report of the National Commission to Review the working of the Constitution under the
Chairmanship of Justice Sri M.N. Venkata Challian, former Chief Justice of India

The Report by Younger Committee

The Report by, Justice Shri, B. M. Shrikrishna on Privacy

Books

 L.M. Singhvi, Constitution of India Protection of Life and Personal Liberty, New
Delhi Volume- I Second edn. (2007)

 Edward Snowden, Permanent Record (2019).

 Gaurav Goyal, The Right to Privacy in India: Concept and Evolution, (Partridge, New
Delhi, 2016)

 Granville Austin, Working a Democratic Constitution, A History of The Indian

Experience, (Oxford University Press, London, 2008).

 Kalin,walter; and Kunzil, jorg; The Law of International Human Rights

Protection,(Oxford University Press New York, first edn. 2009 reprint 2011)

 Karnika Seth, Cyber Laws in the Information Technology Age, (Lexis Nexis
Butterworths Wadhwa, Nagpur 2009)

 Kiran Deshta; Right to Privacy under Indian Law, (Deep and Deep Publication Pvt.
Ltd. New Delhi 2011).

 L.M. Singhvi, Constitution of India Protection of Life and Personal Liberty, (New
Delhi Volume- I, 2nd edn. 2007).

 Lakhwinder Singh, Right to Privacy and Freedom of Media, (Satyam Law

International New Delhi, 2016)

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 M.P. Jain, Indian Constitutional Law, (Lexis Nexis Butterworths Wadhwa, Nagpur,
6th edn., 2012).

 M.P. Jain.’Indian Constitutional law; (fifth edition, 2007)

 Maharshi Dayanand Sarswati, Rigveda (Bhasa Bhasya Sampurna 1st edn.)

 McLaren John, An Alternative Approach to Community Privacy and Open Space,

(Washington, University of Washington, Third Edn. 2001).

 MeredithB.McGuire; Sociology of Religion; Rawat Publication; fifth edition, (2012)

 Mukul Sharma, Human Rights in a Globalised World An Indian Diary (Sage

Publications India Pvt. Ltd, New Delhi, 2010).

 Nandan Kamath, Law Relating to Computers Internet & E- Commerce 248 (Universal Law
Publishing Co. Pvt. LTD. Third edn. New Delhi, 2007).

 Niraj Kumar, Right to information An Overview (New Royal Book Company,

Lucknow 2012).

 Paul Bernal, Internet Privacy Rights: Right to Protect Autonomy (2014).

 PaulA. Freund, “Privacy: One Concept or Many?” in Privacy Nomos XIII, ed. Roland
Pennock and John W. Chapman 182 (Atherton Press, New York, 1971)

 Pavan Duggal, Law on Aadhaar; (Universal Law Publishing, Gurugram, 2016).

 Poonam Dass, Human Rights in 21st Century (Universal law Publishing Co. Pvt. Ltd.
New Delhi 2012).

 Quran xxiv: 27, 2S quoted in Medani Abdel Rahman Tageidin,.

 R. Sharma Shastri, Kautila’s Arthasastra (1961).

 Rajeev Dhawan, and Nariman, Fali.S, Supreme But Not Infalliabe; (Oxford university
press; 2008)

 Ram Gopal, India of Vedic Kalpasutras,

 Raman Mittal and Neelotpal Deka, “Cyber privacy”, in S.K. Verma and Raman
Mittal (eds.) Legal Dimensions of Cyber Space (ILI, Delhi, 2004).

 Ramanarayan Dutta Shastri Ram (translated by) Valmiki Ramayan, Yudha Kand,
1412

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 Ramayaraan Duta Shashtri (ed.) Valmiki Ramayan.

 Reetika Khera, Dissent on Aadhaar Big Data Meets Big Brother 3 (Orient Black
Swan, Delhi, 2019)

 Richard P. Claude (ed.) Comparative Human Rights, 151 (1976)

 Robert Roberts, The Social Laws of the Quran.

 Rogers M. Kevin, The Internet and the Law, (Palgrave Macmillan, London, 2011)

 Ronaldo Lemos, UNGOVERNED SPACES 71 JOIA 7(2018).

 S. Abul A'la Maududi, “Purdah and the Status of Woman in Islam”, Translated and
edited by Al Ash'ari, 4th ed. (1979)

 S. Radhakrishnan (ed.), The Cultural Heritage of India, (1970), Vol. 1

 S.K. Sharma, Privacy Law: A Contemporary Study, 25 (1994).

 S.K. Verma and Raman Mittal, Legal Dimensions of Cyber Space, (ILI New Delhi,
2004)

 Sahih Muslim Authenticated traditions of the Prophet reported by Muslims (1930)

 Science of Religion, 34, quoted in Medani Abdel Rahman Tageldin.

 Shreepad Damodar Satavalekar (ed.) Mahabharat, Adi Parva.

 Shrinivas Gupta, Right to Privacy: A Kind of Personal Autonomy, (Lex Et Juris 39

August 1988);

 Sudarshan N.; ‘Religious Freedom and Secularism: Theory and Practice’; (Amicus
Books, The Icfai University Press 2007)

 T.M. Samuel, and Samuel Maria; Computer Crime and Information Technology
Misuse (Commonwealth Publishers, New Delhi, 2008).

 T.V. Sathyamurthy, Region, Religion, Caste, Gender and Culture in Contemperay

India; (Oxford University Press London, 1998),

 Talat Fatima, Cyber Crimes, (Eastern Book Company, Lucknow, 2011).

 Thomas Banchoff ; Democracy and the New Religious Pluralism; available at

http://books.google.co.in/

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  Thomas Cooley, Treatise on the Law of Torts (Callaghan and Company, Chicago)

 Usha Ramnathan, Aadhaar- From Welfare to Profit (Orient Black Swan Delhi 2019)

 V. Parabrahma Sastri, Right to Life and Personal Liberty, (Asia Law House, First edn.
Hyderabad, 2005)

 V.M. Apte, Social and Religious Life in the Griha Sutras, (The Popular Boot Depot,
Bombay,1939)

 Vakul Sharma, Information Technology Law and Practice (Universal Law Publishing
Co. Pvt. Ltd., New Delhi, 3rd edn.,2011).

 Vipul Vinod, Liabilities of Intermediaries and Safe Harbours Under Cyber Law
Regime in India 8 RMNLUJ 182, (2016).

 Wang, Hao; Protecting Privacy in China, (Springer Heidelberg Dordrecht first Edn,
London, 2011)

 Wawra, Daniela. “Digital Communication and Privacy: Is Social Web Use

Gendered?” (AAA: Arbeiten Aus Anglistik Und Amerikanistik, vol. 40

Articles

Suchana Seth “Machine Learning and Artificial Intelligence Interactions with the Right to
Privacy” 52 EPW 34 (2017)

Samuel Warren & Lois D. Brandies, “The Right to Privacy”, 4 No. 5 193 HLR (1890)

Alok Prasanna Kumar “The Puttaswamy Judgment Exploring Privacy Within and Without”
52 EPW 34 (2017)

Journals, Magazines and News Papers

Delhi Law Review

Harvard Law Review
Yale Law Journal
Journal of Indian Law Institute
The Hindu

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The Indian Express
New York Times
Frontline
Economic & Politically Weekly

Websites

http://supremecourtofindia.nic.in
"https://www.nytimes.com
www.uidai.gov.in
www.lawmin.nic.in
www.Meity.nic.in
www.scconline.com

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