Q. ‘Right to Privacy’ is protected under which Article of the constitution of India?

• Article 15
• Article 19
• Article 21
• Article 29

Answer: (c) Article 21

Notes:

• Article 21:
  • ​Right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.
  • In Puttaswamy v. Union of India case, 2017, the Right to Privacy was declared a fundamental right by the Supreme Court.
  • Generally understood that privacy is synonymous with the right to be let alone.
  • The right may be restricted only by state action that passes each of the three tests:
    • First, such state action must have a legislative mandate;
    • Second, it must be pursuing a legitimate state purpose; and
    • Third, it must be proportionate i.e., such state action- both in its nature and extent, must be necessary in a democratic society and the action ought to be the least intrusive of the available alternatives to accomplish the ends.

Government Steps to Protect Privacy

• B N Srikrishna Committee:
  • Government appointed a committee of experts on data protection under the chairmanship of Justice B N Srikrishna that submitted its report in July 2018.
• Information Technology Act, 2000:
  • The IT Act provides for safeguard against certain breaches in relation to data from computer systems. It contains provisions to prevent the unauthorized use of computers, computer systems and data stored therein.