Jurisprudence of Privacy

Author: R K Naroola and Udayan Mukerji
Year: 2021

Jurisprudence of Privacy traces the evolution of the concept of privacy from its narrowest possible connotation to its ever-expanding dimensions in this age of technology advancements. The authors have delved into the philosophical as well as the legal aspects relating to privacy across different jurisdictions and brought it to bear upon the developments in India. In the process, the reader will witness how privacy has evolved into a fundamental right, under the Indian Constitution as also in other countries, from merely being a common law right exercisable under tort law. The exposition on the various typologies of privacy will help the reader contextualize this transformation of the right to privacy. The authors also postulate in the concluding chapter about Privacy being the ‘Grundnorm’ which serves as the fountainhead for normative systems, legal or moral.
Data Privacy, an essential aspect of the right to privacy, has been discussed in detail in the light of landmark judicial decisions in Puttaswamy and Aadhar cases and the legislative framework in India, including the pending Personal Data Protection Bill. The conflict arising between individual rights and national interests owing to bulk interception of data has been analysed meticulously and possible safeguards that must be instituted in law to avoid arbitrary violation have been delineated. The book aims to be a ready reference on the subject for law practitioners, judges, policy makers, students and researchers.