Privacy is your fundamental right
In one line
Your privacy, your personal data and your personal choices are protected by the Constitution.
What happened
A retired High Court judge challenged the Aadhaar scheme. The government argued that Indians had no fundamental right to privacy, relying on two old judgments from 1954 and 1962. A nine-judge bench was formed to settle the question.
What the court decided
- Privacy is a fundamental right, protected under Article 21 (life and personal liberty) and the other freedoms in Part III of the Constitution.
- The two older judgments were overruled to the extent they said otherwise.
- Any intrusion into privacy must be backed by a law, serve a legitimate aim and be proportionate.
What it means for you
- Your personal data, your body and your private choices are protected.
- This judgment is the foundation of India’s data protection law, the Digital Personal Data Protection Act, 2023.
- Businesses that collect personal data need a clear purpose and your consent.
Source: Judgment of the Supreme Court of India in Justice K.S. Puttaswamy (Retd.) v. Union of India, decided on 24 Aug 2017.
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This summary is general information, not legal advice for your situation. Laws change; talk to an advocate before acting.
