Eyecatchers-186: Supreme Court for 3-tier right to privacy: Intimate, private and public

Supreme Court for 3-tier right to privacy: Intimate, private and public

Dhananjay Mahapatra| TNN | Updated: Aug 3, 2017, 08:13 AM IST

HIGHLIGHTS

· 1st zone: It's concerning marriage, sexuality, relationships.

· 2nd zone: It involves imparting personal data through credit card,  social networking sites, I-T declarations, etc.

· 3rd zone: Here, the privacy protection requires minimal            regulation. The individual will retain his privacy to body & mind.

The Supreme Court on Wednesday outlined a three-tier, graded approach to the question whether privacy is a fundamental right by examining the issue through its intimate, private and public aspects even as it reserved its verdict in the case. 

Prior to completion of the two-week-long hearing that attracted arguments for and against conferring fundamental right status to privacy+ but which saw all parties accepting its intrinsic importance for an individual, a nine-judge bench headed by Chief Justice J S Khehar said privacy could be configured into three zones. 

Justice D Y Chandrachud set out the tentative thought process and drew support from Justice R F Nariman. He said, 

"The first zone could be the most intimate zone of privacy concerning marriage, sexuality, relations with family and the law should frown upon any intrusion. The state could still intrude into this intimate zone in extraordinary circumstances provided it met stringent norms. 

"The second zone would be the private zone, which involved parting of personal data+ by use of credit card, social networking platforms, income tax declarations. In this sphere, sharing of personal data by an individual will be used only for the purpose for which it is shared by an individual.

 "The third is the public zone where privacy protection requires minimal regulation. Here, the personal data shared will not mean the right to privacy is surrendered. The individual will retain his privacy to body and mind." The formulation suggests right to privacy may not be unfettered.

Excerpt from The Times of India dated Aug.3, 2017

Grateful thanks to  Mr. Dhananjay Mahapatra and The Times of India.