Right To Privacy and Right Against Self Incrimination: The Pre-Puttaswamy Era by Ritika Sharma, University Institute of Legal Studies, Panjab University, and Vaishnavi Sharma, NLU Mumbai
The meagre of provisions that can ensure the privacy rights of people often spark debates and the Courts look for precedents to solve the conflict between following criminal procedure and respecting privacy rights. The administration of three scientific tests and DNA testing is also facing a similar conundrum. These have been declared to be against the spirit of Article 20(3) in several judgements. The blog attempts to analyse such issues around the implication of Article 20(3) and Article 21.
Privacy’s Shyness from Self-Incrimination: Post-Puttaswamy by Ritika Sharma, University Institute of Legal Studies, Panjab University, and Vaishnavi Sharma, NLU Mumbai
The purpose of this follow-up piece is to demonstrate how self-incrimination contentions tend to shy away from privacy concerns as courts continue citing ancient cases to answer newer and fresher privacy concerns. The use of discretionary power by the State in making evidence admissible, violate both, the Right to Life and the Right against Self- Incrimination. The provisions of the Indian Evidence Act allow this admissibility default, leading to breach of privacy rights.
Right to Privacy of Women by Ritika Sharma, University Institute of Legal Studies, Panjab University
With the rising voices for gender equality, one of the significant issues which is paid heed to is privacy rights of women. The provisions in the Medical Termination of Pregnancy Act, 1971 lay down the basis on which abortion is considered legal and some of which obstruct the right to privacy of a pregnant woman. Similarly in the issues such as cases of sexual assault, reproductive and maternity services, etc., a woman has to choose between right to privacy and right to make personal choices or receive benefits/ remedies. This blog highlights such cases where women find themselves in a quandary about which path to take.
Freedom of Press and Privacy – A Conflict of Rights? by Ritika Sharma, University Institute of Legal Studies, Panjab University
Media Activism is on its peak giving rise to obstacles in the path of ensuring privacy to several individuals. It is more disputable in the cases where press violates privacy rights of public figures as it is assumed that they voluntarily surrender their right to privacy by choosing their profession. Disclosing identities of the victims of sexual assault and influencing minds of the public in several cases via media trials are other privacy concerns. This blog aims at studying this conflict of rights where on one hand there is right to be informed of public/ right to free speech and expression of media and on the other hand, there is right to privacy of individuals who become the subject of public discussion.
Right to Privacy of Taxpayers: Balancing Privacy Rights with Tax Compliances by Ritika Sharma, University Institute of Legal Studies, Panjab University
Taxpayers’ reckon that exchange of information for tax purposes lead to breach of their right to privacy as the tax authorities collect wide range of information which include personal details of the taxpayers. Moreover, disclosure of such information to third parties furthers the worries of the taxpayers. On the flip side, the tax administration looks for ways to regulate and reduce tax evasions. This write up is a traverse across assessing the privacy concerns of taxpayers in India, US and UK and scrutinising these from the angle of their tax regime.
Lack of Sufficient Legal Tools in Ensuring Online Privacy of Consumers by Ritika Sharma, University Institute of Legal Studies, Panjab University
Technological advancements result in breach of privacy rights of the consumers. European Union’s General Data Protection Regulation or GDPR plays an important role in maintaining privacy rights. India has Personal Data Protection Bill which aims at ensuring consumer privacy. Similarly, UK GDPR codifies privacy regulations by incorporating all the EU GDPR provisions. This blog attempts at discussing the privacy rights of consumers and the relevant statutes and bills in India, US and UK.
Right to Privacy of Patients by Ritika Sharma, University Institute of Legal Studies, Panjab University
Medical privacy is one of the essential rights for every patient. The ethics of the medical professionals also upheld this right. There are several statutes which make provisions to ensure the privacy rights of the patients in US and UK and Indians have a great hope in the proposal named DISHA which take into consideration the privacy concerns of the patients. However, COVID-19 pandemic has surged the apprehensions around privacy. The purpose of this blog is to examine such issues in India, US and UK.