CHANGING PERSPECTIVES OF SUPREME COURT INTERPRETATION ON RIGHT TO PRIVACY-WITH SPECIAL CONTEXT TO AADHAAR

2021 ◽  
pp. 58-61
Author(s):  
R. Mangayarkarasi
Keyword(s):  
Supreme Court ◽  
Modern Society ◽  
Right To Privacy ◽  
Right To Life ◽  
Clear Cut ◽  
The Past ◽  
The Right To Privacy ◽  
Frame Work ◽  
Entire World ◽  
The Right

The term privacy is considered to be the crucial term in our society which has emerged recently and our society has witnessed this term for the past few years. In the recent times, there has been numerous debates on the concept of right to privacy i.e. whether our constitution guarantees the right to privacy and its reasonable restrictions, its non-recognition by some courts and this right has been recognized by the other courts. Alot of Indian jurists has thought whether Art.21 which guarantees right to life includes right to privacy also. But there is no clear cut legal or theoretical frame work to help us in this context. According to Clinton Rossiter privacy is a special king of independence, which can be understood as an attempt to secure autonomy in at least a few personal and spiritual concerns, if necessary in deance of all the pressures of modern society. It is an attempt that is to say to do more than maintain a posture of self-respecting independence toward other men; it seeks to erect an unbreakable wall of dignity and reserve against the entire world. This paper deals with the concept of privacy and the constitutional validity of Aadhaar and Supreme court interpretation on different case laws related to right to privacy in India.

The Right to Privacy and the Protection of Personal Data in a Digital Era and the Age of Information

2012 ◽  
pp. 34-45
Author(s):  
William Bülow ◽  
Misse Wester
Keyword(s):  
Empirical Evidence ◽  
Personal Information ◽  
Personal Data ◽  
Modern Society ◽  
Right To Privacy ◽  
Policy Makers ◽  
The Right To Privacy ◽  
Digital Era ◽  
The Individual ◽  
The Right

As information technology is becoming an integral part of modern society, there is a growing concern that too much data containing personal information is stored by different actors in society and that this could potentially be harmful for the individual. The aim of this contribution is to show how the extended use of ICT can affect the individual’s right to privacy and how the public perceives risks to privacy. Three points are raised in this chapter: first, if privacy is important from a philosophical perspective, how is this demonstrated by empirical evidence? Do individuals trust the different actors that control their personal information, and is there a consensus that privacy can and should be compromised in order to reach another value? Second, if compromises in privacy are warranted by increased safety, is this increased security supported by empirical evidence? Third, the authors will argue that privacy can indeed be a means to increase the safety of citizens and that the moral burden of ensuring and protecting privacy is a matter for policy makers, not individuals. In conclusion, the authors suggest that more nuanced discussion on the concepts of privacy and safety should be acknowledged and the importance of privacy must be seen as an important objective in the development and structure of ICT uses.

scholarly journals The Case Fontevecchia and D’amico Against Argentina

2021 ◽  
Vol 12 (12) ◽  
pp. 179-190
Author(s):  
Everson Alexandre de Assumpção
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Freedom Of Expression ◽  
Scientific Article ◽  
Vienna Convention ◽  
International Treaties ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
International Court ◽  
The Right

This scientific article was based on a case study, judged by the Argentine Supreme Court. In this process, the author filed a civil action in the civil court to compensate the damage against the authors, understanding that the right to privacy, privacy, honor and image rights were violated. The article sought to analyze the collision of principles, rules, rights and jurisprudence that led the Inter-American Court of Human Rights to rule in favor of Jorge Fontevecchia and Heitor D’amico. These were condemned by the Argentine State for understanding that there was a violation of the Right to Privacy. However, the international court decided to revoke the judgment passed and judged by the Supreme Court of the Argentine Nation, understanding that Fontevechia and D’amigo did not violate the Right to Freedom of Expression, making the action illegal and, therefore, forcing the Argentine State to withdraw the action and also to promote the due reparation of the damages caused to the. On February 14, 2017, the Argentine State rejected the decision of the Inter-American Court, transforming this case into one of the most famous “leading cases” of Argentine international public law. Finally, on October 18, 2017, the International Court issued another resolution to render the sentence in the Fontevecchia y D’Amico case ineffective. It was concluded, therefore, that even with the Argentine constitutional reform of 1994 and the granting of a constitutional hierarchy to international human rights standards, it was defined that the rules of international treaties “do not derogate from the provisions of the first part of the Argentine Constitution” under the terms of article 75, item 22, but attributed to the international treaties a character of complementarity, in addition to the prohibition, provided for in article 27 of the Vienna Convention on the Law of Treaties, to invoke reasons of domestic law for non-compliance in order to comply with international obligations. For the preparation of this scientific article, the deductive method and qualitative and descriptive research were used. As bibliographic references were used published materials, scientific literature, Law and Jurisprudence that were relevant to the purposes discussed here.

The Conservatism of the European Court of Humans Rights Regarding Abortions on Demand

2015 ◽  
pp. 185-196
Author(s):  
Pitsou Anastasia
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Right To Privacy ◽  
Right To Life ◽  
On Demand ◽  
The Right To Privacy ◽  
European Court ◽  
The Right

In this chapter, the authors negotiate the fact that the European Court of Human Rights (ECtHR) missed the opportunity to recognize the right to abortion under specific criteria that are harmonized with the right to life and the right to privacy. It obviously remains a triumph of nationalism and of religious power over human dignity.

scholarly journals THE DIGITAL ECONOMY AND THE QUEST FOR PRIVACY PROTECTION IN BANGLADESH: A COMPARATIVE LEGAL ANALYSIS

2021 ◽  
Vol 28 (2) ◽  
pp. 567-596
Author(s):  
Mohsin Dhali ◽  
Sonny Zulhuda ◽  
Suzi Fadhilah Ismail
Keyword(s):  
Legal Analysis ◽  
Right To Privacy ◽  
Right To Life ◽  
Constitutional Protection ◽  
The Right To Privacy ◽  
Right Of Privacy ◽  
Explicit Recognition ◽  
Information And Communication ◽  
The Right Of Privacy ◽  
The Right

The present unbridled advancement in the field of information and communication technology has resulted in individuals being thrust at a crossroad, where refusing to sacrifice one’s privacy would mean the denial of technological benefits. Concern for privacy begins once a child is born into this world where the right to privacy could now be argued needs to be considered as one of the basic human rights similar to other inalienable rights such as the right to life and liberties. Bangladesh is one of the countries that has not given explicit recognition to the right of privacy. This is evident from the absence of explicit indications of the right to privacy in the Constitution of Bangladesh and judicial interventions make the constitutional protection of privacy questionable. The purpose of the present study is to find out whether the right to privacy is in fact recognized and protected by the Constitution of Bangladesh by examining specific provisions in the Constitution of Bangladesh to locate provisions that could be relied on to show that a sliver of recognition could be given to the right of privacy in Bangladesh. This position is then compared to other jurisdictions, especially the common law jurisdictions. The study finds that although Article 43 of the Constitution guarantees limited protection that encompasses the right to privacy of home and correspondence but if read together with the right to life and liberty in Article 32, it could be argued that these are viable provisions in recognizing the right to privacy under the Constitution of Bangladesh.

The Norwegian Supreme Court and Strasbourg: The Case of Lillo-Stenberg and Sæther v. Norway

2014 ◽  
Vol 15 (7) ◽  
pp. 1293-1305 ◽  
Author(s):  
Arnfinn Bårdsen
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
European Convention ◽  
Right To Privacy ◽  
Performing Artists ◽  
The Right To Privacy ◽  
European Court ◽  
The Right ◽  
Do So

This article attempts to give a brief overview as to the interplay between the Norwegian Supreme Court and the European Court of Human Rights in Strasbourg. I will do so partly on a general footing and partly connected to a couple of specific cases. In particular, I will comment on the 16 January 2014 judgment from the Strasbourg Court in the Case of Lillo-Stenberg and Sæther v. Norway. This case involved an alleged violation of the right to privacy according to Article 8 of the European Convention on Human Rights (ECHR), by publishing pictures from the wedding of a well-known couple-both performing artists-in a weekly magazine, without their consent.

The right to privacy in Albania and the report with other rights

2018 ◽  
Author(s):  
Anxhelina Zhidro ◽  
Arbesa Kurti ◽  
Klodjan Skënderaj
Keyword(s):  
Right To Privacy ◽  
The Right To Privacy ◽  
The Right
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