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Is my privacy a fundamental right?

Short answer

Yes. The Supreme Court in Puttaswamy case declared privacy as a fundamental right under Article 21.

Understanding the issue

In the landmark K.S. Puttaswamy v. Union of India (2017) judgment, a nine-judge bench of the Supreme Court unanimously held that the right to privacy is a fundamental right protected under Article 21 (Right to Life and Personal Liberty). This right covers informational privacy (control over personal data), bodily autonomy (decisions about one's body), decisional privacy (personal choices about family, marriage, etc.), and spatial privacy (protection of personal spaces). The Digital Personal Data Protection Act 2023 now provides a statutory framework for data privacy. Any government action or private entity violating your privacy must meet the test of legality, necessity, and proportionality.

Laws that apply

  • Article 21 (Right to Life and Personal Liberty)
  • K.S. Puttaswamy v. Union of India (2017) — Privacy as fundamental right
  • Digital Personal Data Protection Act 2023