Informational Privacy: Constitutional and Common Law Remedies
Author: Nina Rohinton Nariman
Year: 2025
About the Book:
This seminal work delves deep into the right to privacy as upheld in K.S. Puttaswamy (Privacy-9J.) v. Union of India (2017), where the Supreme Court of India declared privacy as a fundamental right. Nina Rohinton Nariman meticulously analyses both constitutional and common law approaches to privacy protection, especially focusing on judicial remedies available against violations by private entities. The book also emphasizes the pivotal role of Article 226 in the Indian Constitution to offer remedies not just against the State but also non-State actors.
Key Features:
- Offers an in-depth understanding of privacy as a legal and constitutional right.
- Proposes a new tort-based remedy to combat privacy rights infringements.
- Highlights the applicability of Article 226 for addressing privacy violations by private parties.
- Comparative analysis with jurisdictions like USA, Canada, South Africa, UK, and Australia.
- Insightful contributions from respected legal luminaries like K.K. Venugopal, Justice V. Ramasubramanian, and Madhavi Divan.
Ideal For:
- Law students and scholars
- Judges and practicing advocates
- Academicians and policy makers
- Researchers in privacy law and constitutional law
Table of Contents:
- Foreword by K.K. Venugopal
- Messages by Justice V. Ramasubramanian & Madhavi Divan
- Preface
- Introduction
- The Common Law: Stable or Flexible
- Privacy: A Thing of Threads and Patches
- Prosser’s Private Jurisdiction: The United States of America, Canada, and South Africa
- The United Kingdom and Australia: Breaches of Confidence
- The Common Law and India
- The Tort of Publicity: Creativity in the Common Law in India
- A New Tort Remedy: Crafting Afresh the Right to Privacy
- The History of Article 226 of the Constitution of India: A View from the Constituent Assembly Debates
- The Constitutional Remedy: Article 226 Recast
- Conclusion
- Subject Index
Reviews:
"A highly refined aspect of a fundamental right explained lucidly for both commoners and scholars."
— Justice V. Ramasubramanian, Former Judge, Supreme Court of India
"Erudite scholarship that will equip our institutions to uphold and protect the invaluable right to privacy."
— K.K. Venugopal, Senior Advocate
"Recognises the real threat to privacy from powerful corporations and offers actionable remedies."
— Madhavi Divan, Senior Advocate
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