Right to Privacy in India: What the Constitution Says & Everyday Violations You May Not Realize

Introduction

In today’s digital and hyper-connected world, “privacy” is one of the most valuable rights an individual possesses. From the messages we send to the choices we make, privacy safeguards our dignity, autonomy, and freedom. Yet, in everyday life, many of us violate this right without even realizing it.

This blog explains the Right to Privacy under the Indian Constitution, traces how courts have shaped it, and highlights common everyday acts that may amount to privacy violations.

The Constitutional Basis of the Right to Privacy

The Right to Privacy is not expressly written in the Constitution of India. However, it has been judicially recognized as a part of Article 21 – Right to Life and Personal Liberty.

• Gobind v. State of Madhya Pradesh (1975): The Supreme Court acknowledged privacy as an implicit right, subject to restrictions.

• K.S. Puttaswamy v. Union of India (2017): A nine-judge bench affirmed privacy as a Fundamental Right, essential to dignity, liberty, and equality.

• K.S. Puttaswamy (Aadhaar case, 2018): The Court clarified the scope of informational privacy, especially regarding personal data.

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Importantly, the Right to Privacy is not absolute. The State can impose reasonable restrictions in the interest of national security, public order, crime prevention, or protection of others’ rights.

Everyday Acts That May Violate Privacy

Even though most of us value privacy, we often intrude into others’ personal space casually. Here are some examples:

1. CCTV Surveillance Beyond Your Premises

   Installing CCTV for safety is legal, but when cameras capture a neighbor’s balcony, private windows, or personal areas, it may breach their privacy rights.

   
   

2. Snooping on Digital Activity

   Checking someone’s browsing history, emails, or private chats without consent is a violation of informational privacy, and in some cases, may attract liability under the IT Act, 2000.

   
   

3. Recording People in Public Without Consent 📸

   Public spaces are not a “free-for-all.” If you specifically record or photograph someone without their consent, especially in a manner that causes harm or embarrassment. It may amount to a privacy violation and even infringement of personality rights.

   
   

4. Sharing Private Conversations or Screenshots Without Consent 📱

   Forwarding WhatsApp messages, private chats, or emails without the sender’s permission can breach confidentiality and may amount to defamation or misuse of private communication.

   
   

5. Employers Monitoring Employees Without Disclosure 🏢

   Employers can regulate workplace conduct, but secret surveillance of personal devices, calls, or social media without disclosure violates privacy and can also amount to unfair labour practice.

   
   

6. Misuse of Medical or Personal Data 🏥

   Sharing patients’ medical history, photos, or sensitive personal information without consent breaches doctor- patient confidentiality and violates both ethical codes and constitutional privacy rights.

   
   
   
   

 Why Privacy Matters

Privacy is not merely about secrecy. It is about:

●      Protecting dignity and autonomy.

●      Ensuring individuals have control over personal data.

●      Preventing misuse of personal or sensitive information.

●      Building trust in personal, professional, and institutional relationships.

Conclusion

The Right to Privacy is a cornerstone of dignified living, guaranteed under Article 21 of the Constitution. However, while demanding our own privacy, we often overlook others which amounts to constitutional violations.

As responsible citizens, we must:

●      Respect boundaries in both physical and digital spaces.

●      Seek consent before recording, sharing, or monitoring.

●      Recognize that privacy = dignity + autonomy.

At Pairvii Legal, we believe that protecting privacy is not just about legal compliance,  it is about fostering a culture of respect and safeguarding fundamental freedoms.