Privacy
laws in India and privacy rights in India are two issues
that have never received the attention of Indian government. Some
have even claimed that Indian government is suppressing
privacy rights in India deliberately. This argument now seems to be
very convincing especially if we keep in mind the latest
developments and lack of legislative and political will on
the part of Indian parliament and Indian government.
Privacy
rights and laws in India are required for protecting
human rights in cyberspace that are presently missing in
India. The matter is already pending
in Supreme Court of India and it has a great chance to strengthen
privacy
rights in India in the IT era keeping in mind the national
security and public interest requirements. However, the
balance between various fundamental rights must be maintained by the
Supreme Court of India.
According to Praveen Dalal, leading techno legal
expert of Asia and managing partner of ICT law firm Perry4Law,
“The Indian Constitutional Scheme is based upon “Balance of
Rights” and no right is absolute in nature. In case of conflict
between two Fundamental Rights, the Fundamental Right that
strengthens and substantiate the Public Interest should prevail”.
Hence if there is a conflict between Right to Privacy and Right to
Information/know, information can be disclosed in certain
circumstances to substantiate and strengthen Public Interest, opines
Dalal.
According to this expert legal opinion, the Supreme
Court of India is well within its rights to allow disclosure of
conversation details between Ratan Tata and Nira Radia. Agrees
Praveen Dalal who believes that not all tapped conversations can be
labeled as “Private” or pertaining to “National Security” and
barring few “Exceptional Disclosures” all other can be made
“Public” by the Supreme Court of India.
The Supreme Court of India must not unnecessarily
put a “Blanket Ban” upon disclosure or publication of such
conversations as that would amount to “Unreasonable Curtailment”
of other Fundamental Rights like Right to Information, opines Praveen
Dalal. The “National
Security Card” should not be used by any individual or
institution, including the Supreme Court of India, to defeat the
Constitutional Protections and Safeguards, suggests Praveen Dalal.
Nations all over the world are enacting laws whose
primary purpose is to strengthen unlawful interceptions through the
instrumentality of laws. Since this is going to be challenged by
people, nations are playing the card of “national security” by
creating fear, uncertainty and doubt (FUD factor). I hope Indian
Supreme Court would not be swayed away by the national security
aspect too much and unnecessarily.
