Paving way forward: Judicial pronouncements and evolution of privacy as a fundamental right and impact on data protection

Abstract

Privacy is an essential value for the development of human personality. In earlier times man used to possess personal property i.e., his land and house. Therefore, the privacy was related to personal property of him. The threat to his privacy was from the government which has power of search and seizure and from private persons who trespass the property. However, with advancements in science and technology, people's lives have come under continual societal scrutiny. Particularly social media and online service platforms and Mobile Apps has also contributed to an individual's invasion of privacy. Individual personal information is given to society that was not meant to be disclosed. In general, a person wishes to have control over the dissemination of his personal information. People have become oblivious to the dangers of using services based on Artificial Intelligence. Today, A.I based sophisticated devices, particularly wearable gadgets, have crushed 'privacy' to its core, and personal information has become a 'commodity' as a result. It's now for sale. With the increased usage of information technology and computers, service providers acquire information on an individual. This personal information is being used unlawfully for commercial gain. As a result, an individual's privacy is jeopardised, infringed upon, and violated. This raised the legal eye and the right to privacy evolved as a fundamental right. This paper has focused on the evolution of right to privacy and various legislation to safeguard the same.