THREADBrowse · 9 entries, read in order

Privacy

From a right the Court twice refused to find, to a fundamental right, to the surveillance law that has not caught up with it.

01
Encyclopedia · Concept
Privacy
Privacy as a fundamental right: its sources in Part III, its three aspects (body, information, choice), and the limits the nine-judge bench allowed.
Wanted
02
Encyclopedia · Test
Proportionality
The four-limb test for limits on fundamental rights: legitimate aim, suitability, necessity and balancing, and how strictly each is applied.
Wanted
03
Review · Lineage
Privacy, from M.P. Sharma to Puttaswamy
Sixty-three years from the denial of a privacy right to its unanimous recognition, and the smaller-bench cases in between.
Wanted
04
Review · Dissent
Subba Rao J. in Kharak Singh
Privacy as part of personal liberty, and surveillance as a restraint on the mind: the minority view that became law.
Wanted
05
Review · Dissent
Chandrachud J. in the Aadhaar Case
The dissent holding the Aadhaar Act unconstitutional as a money bill and disproportionate in its design.
Wanted
06
Review · Lineage
Interception and Surveillance
Telephone tapping safeguards from 1996, their extension to digital interception, and the questions privacy now raises.
Wanted
07
Proposals · Lacuna
No Judicial Oversight of Interception
Interception orders are approved and reviewed within the executive; no judge sees them.
Wanted
08
Proposals · Transplant
Judicial Warrants for Interception
The United Kingdom added approval by judicial commissioners in 2016; South Africa requires a designated judge.
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09
Proposals · Lacuna
No Statutory Tort of Privacy
Privacy is a fundamental right against the State, but a person whose privacy is invaded by another person has no clear civil cause of action.
Wanted

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