PRIVACY PART II: MATURING OF CONCEPTS, AND THE CONSTITUTIONAL IMPERATIVE
PRIVACY BILL OF 2011 & ONWARDS: INDIAN ATTEMPTS AT PROTECTION The Privacy Bill, 2011 1 (the “2011 Bill”) was meant to be an omnibus law to deal with defining, and circumscribing the right, the very first of many that were to come as we shall learn below! So the 2011 Bill intended “ to provide for the right to privacy to citizens of India and regulate the collection, maintenance, use, and dissemination of their personal information and provide for penal action for violation of such right and for matters connected therewith or incidental thereto. ” 2 Despite the ruling of the Supreme Court in People’s Union for Civil Liberties (PUCL) v Union of India 3 that held that the Right to Privacy was a Fundamental Right under Article 21 of the Constitution of India, the 2011 Bill under S.3(1) sought to grant the Right to Privacy to ‘every individual’. S.3(2) defined inclusively the said right. 4 The Right was defined expansively to include every aspect of an...