New Delhi: Elaborating on the privacy issue, Justice Kaul used an anecdote that “if the individual permits someone to enter the house, it does not mean that others can enter the house”. He said it is an individual’s choice as to who enters his house, how he lives and in what relationship. “The right of privacy is a fundamental right. It is a right which protects the inner sphere of the individual from interference from both State and non-State actors and allows the individuals to make autonomous life choices,” the judge concluded in his 47-page verdict.
The judge observed that in an era where there are wide, varied, social and cultural norms and more so in a democratic country like India, “privacy is one of the most important rights to be protected both against State and non-State actors and be recognised as a fundamental right.” The judge also highlighted the deep digital footprints being created due to reliability on internet, saying online majors like Facebook, Uber and Alibaba have “extensive knowledge of our movements, searches and conversations which are sold and analysed for advertising purposes.”
