Privacy invasion
Querist :
Anonymous
(Querist) 10 September 2011
This query is : Resolved
In which article, section and/or ruling privacy and privacy invaion of an individual defined. What (if any) punishment fixed for this offence in indian law.
prabhakar singh
(Expert) 11 September 2011
It is not clear with which reference of privacy your question is.Our CONSTITUTION does not expressly recognize the right to PRIVACY,however the supreme court seems to have applied to recognize this right in 1964by extending rule of implication that it is there in Article 21 of our CONSTITUTION,which states"No person shall be deprived of his life or personal liberty except according to procedure established by law".
We do not have any general data protection law in India.On the urge of NASSCOM,an "IT Action Plan"was submitted to the then P.M.,Mr.A.V.Vajpayee in 1998calling for the creation of a "National Policy on Information Security, Privacy and Data Protection Act for handling of computerized data." It examined the United Kingdom Data Protection Act as a model and recommended several cyber laws including ones on privacy and encryption. No legislative measures, however, has been considered to date except passing an Act calledthe Information Technology Act, a set of laws intended to provide a comprehensive regulatory environment for electronic commerce. The Act also addresses computer crime, hacking, damage to computer source code, breach of confidentiality and viewing of pornography. Chapter X of the Act creates a Cyber Appellate Tribunal to oversee adjudication of cyber-crimes such as damage to computer systems (Section 43) and breach of confidentiality (Section 72). After widespread public outcry, sections requiring cyber-cafes to create detailed records about their customers' browsing habits were dropped. The legislation gives broad discretion to law enforcement authorities through several provisions. Section 69 allows for interception of any information transmitted through a computer resource and requires that users disclose encryption keys or face a jail sentence up to seven years.Section 80 allows deputy superintendents of police to conduct searches and seize suspects in public spaces without a warrant. This section in particular appears to be targeted at cyber-cafe users where an estimated seventy-five percent of Indian Internet users access the web. Section 69 gives tremendous powers to Controller of Certifying Authorities (CCA) to direct interception of any information transmitted through any computer resource. This direction is only to be given if the CCA is satisfied that it is necessary or expedient so to do in the interests of the following:-the sovereignty or integrity of India, the security of the state, friendly relations with foreign states, public order, or for preventing incitement to the commission of any cognizable offence.Section 44 imposes stiff penalties on anyone who fails to provide requested information to authorities, and Section 67 imposes strict penalties for involvement in the electronic publishing of materials deemed obscene by the government. Chapter III of the Act gives electronic records and digital signatures legal recognition, and Chapter VI authorizes the Government to appoint a CCA, who will license certifying authorities before they can operate in India and will act as the repository of all Digital Signature Certificates issued under the Act.
Following the enactment of the IT Act the Ministry of Information Technology adopted the Information Technology (Certifying Authorities) Rules in October 2000 to regulate the application of digital signatures and to provide guidelines for Certifying Authorities.The CCA has also appointed numerous licensed Certifying Authorities includingSafe Script, National Informatics Centre, the Institute of Development and Research in Banking Technology, and Tata Consultancy Services.
We also have a right of personal privacy in Indian law. Unlawful attacks on the honor and reputation of a person can invite an action in tort and/or criminal law. The Public Financial Institutions Act of 1993 codifies India's tradition of maintaining confidentiality in bank transactions.
Wiretapping is regulated under the Telegraph Act of 1885. There have been numerous phone tap scandals in India, resulting in a 1996 decision by the Supreme Court which ruled that wiretaps are a "serious invasion of an individual's privacy".
The Supreme Court recognized the fact that the right of privacy is an integral part of the fundamental right to life enshrined under Article 21 of the Constitution. However, the right is only available and enforceable against the state and not against action by private entities. The Court also laid out guidelines for wiretapping by the government. The guidelines define who can tap phones and under what circumstances. Only the Union Home Secretary, or his counterpart in the states, can issue an order for a tap. The government is also required to show that the information sought cannot to be obtained through any other means. The Court mandated the development of a high-level committee to review the legality of each wiretap. Tapped phone calls are not accepted as primary evidence in Indian courts. However, as is the case with most laws in India, there continues to be a gap between the law and its enforcement. According to prominent NGOs, the mail of many NGOs in Delhi and in strife-torn areas continues to be subjected to interception and censorship.
The Indian government is currently considering the idea of enacting a detailed law on data protection under the initiative of the Ministry of Communication and Information.
So wait and watch how it ultimately emerges.
Guest
(Expert) 11 September 2011
Please be specific about which type of privacy in life of a human being you intend to seek information. Any generic question may not get you proper response from experts.
girish shringi
(Expert) 13 September 2011
Usually in cases like criminal trespass is one kind of the invasion in the privacy.
The second if someone enter into anyone's personal life and activities or making inquiry or observe the activity of another that is also a criminal trespass and so on.
Which kind of invasion you are talking about give in the detail.
girish shringi
(Expert) 13 September 2011
Usually in cases like criminal trespass is one kind of the invasion in the privacy.
The second if someone enter into anyone's personal life and activities or making inquiry or observe the activity of another that is also a criminal trespass and so on.
Which kind of invasion you are talking about give in the detail.
Whenever you ask any question ask with full details as to get point wise answer.
