What do we mean by a “right of privacy” in India?
What do we mean by a “right of privacy” in India? Justice Cooley in 1888 defined it simply as a right to be left alone. Alternatively, it may be defined as a right to be anonymous. The two definitions are quite different but both are important, and the right to be anonymous is a form of privacy that has particularly significant implications in cyberspace. In legal terms, our right of privacy amounts to a right to be free from government intrusion into certain areas of our lives and a right to be free from intrusion by other individuals into our “private” lives. The former is protected largely through Constitutional interpretation and a number of statutes; the latter is protected largely through the common law under tort principles. Before 1890 no English or American court had ever granted relief based on such a claim as “invasion of privacy.” However, in 1890 a Harvard Law Review article by Samuel Warren and Louis Brandeis examined a number of cases ostensibly decided on othe...
