A Comparative Analysis Of Right To Privacy: India, The European Union And The US
- YourLawArticle
- 5 days ago
- 2 min read
Written by: Garima Sharma , LL.M., School of Law, Lovely Professional University
Abstract
In the absence of privacy, no dignity, individuality and personal autonomy are left in the life of a person. One can't take a personal decision like marriage, a relationship, or a personal belief freely without privacy as without privacy, your decision will be controlled through surveillance or interference. The Indian Constitution provides the Right to Privacy under the Right to Life (Article 21) which shows that life has no meaning without privacy. While the United States and European Union have established legal frameworks for addressing the issues related to privacy, in India the Right to Privacy has been given recognition in the Constitution recently with the Puttaswamy Judgment. India has declared privacy as a fundamental right; however, India still lacks a comprehensive statutory regime, practical tools and safeguards to protect privacy as a right if compared to the European Union's GDPR or the US sectoral privacy model.
This paper focuses on the Constitutional recognition and evolution of the right to privacy in India, the European Union and the US. The paper also focuses on the scope and limitations of privacy protection under the three jurisdictions. The aim of the study is to compare the approaches to data protection and surveillance in the digital age. The paper also focuses on the role of the judiciary in interpreting and expanding the right to privacy. The paper addresses the similarities and differences in the philosophical and legal foundations of privacy. The paper also addresses recommendations for strengthening privacy rights in India based on comparative insights.
Keywords: Right to Privacy, The Indian Constitution, Right to Life, Puttaswamy Judgment, Fundamental Right, GDPR, Sectoral Privacy Model, Constitutional Recognition.
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