Right to privacy and right against self incrimination

V Udaya Madhuri
Student of 2nd Year LL.M,
School of Legal Studies, Reva University, Bangalore


Abstract

The concerns over the privacy issues have been increasing day-by-day. The Indian judiciary has taken a liberating step and recognized the right to privacy as a fundamental right under Article 21 of the Indian Constitution. India has adopted many concepts underlying the principle of right to privacy from European Union and inserted them in two draft legislations. One such concept is right to be forgotten which has been already recognized by our Indian court prior to its implementation under a legislation. In EU, the right to be forgotten is conflicting with the other rights like right to speech and right to information. In the light of the recent development involving the elevation of status of right to privacy from a Human right to a fundamental right under Article 21 of the Indian Constitution, there is a need to explore the jurisprudential basis of right to privacy and other related concepts. One such development in the jurisprudence of right to privacy is the concept of right to be forgotten which was defined in Google Costeja Case by Court of Justice of European Union (CJEU) as the right of the individuals to require search engines to erase links containing ‘inaccurate, inadequate, irrelevant or excessive’ personal information about them. In this article, author would like to highlight the implications of right to be forgotten in India as against the right under Article 20(3) of the Indian constitution.

Keywords: Right to privacy, Right to be forgotten, Article 20(3), Article 21, Personal Data Protection Bill 2018, The Data (Privacy and Protection) Bill, 2017, Indian Constitution

Preferred Citation

V Udaya Madhuri, Right to privacy and right against self-incrimination, The Lex-Warrier: Online Law Journal (2019) 1, pp. 36 – 41, ISSN (O): 2319-8338

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