This is where a cautionary note is in order. Courts exercising writ jurisdiction should be cautious about the nature of the relief they grant based on wide and open-ended claims of breach of privacy.
While the legitimate expectation of privacy may vary from the intimate zone to the private zone and from the private to the public arenas, it is important to underscore that privacy is not lost or surrendered merely because the individual is in a public place. Privacy attaches to the person since it is an essential facet of the dignity of the human being.
This means, even if calls are recorded thorough just, fair and reasonable procedure established by law equivalent to due procedure established by law , it cannot be used in public hearing as the individual's right to privacy in this regard is considered as absolute, although a fair, reasonable and just procedure would allow for such breach.
The dangers to privacy in an age of information can originate not only from the state but from non-state actors as well. The creation of such a regime requires a careful and sensitive balance between individual interests and legitimate concerns of the state.
The legitimate aims of the state would include for instance protecting national security, preventing and investigating crime, encouraging innovation and the spread of knowledge, and preventing the dissipation of social welfare benefits. So, the telephonic conversations between two people can also be equated to the part of data and hence the strict adherence to the data protection and privacy infringement must be complied with and such rights cannot be breached by mere suspicion without following a reasonable procedure.
The content of this article is intended to provide a general guide to the subject matter. Specialist professional advice should be sought about your specific circumstances. The views expressed in this article are solely of the authors of this article. Last Updated: 4 June Vaish Associates Advocates. Do you have a Question or Comment?
Interested in the next Webinar on this Topic? Click here to register your Interest. Vijay Pal Dalmia, Partner. Email Firm. View Website. Events from this Firm. More from this Firm. More from this Author. Data Protection refers to the set of privacy laws, policies and procedures that aim to minimise intrusion into one's privacy caused by the collection, storage and dissemination of personal data.
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Personal data generally refers to the information or data which relate to a person who can be identified from that information or data whether collected by any Government or any private organization or an agency. Data localisation appears to be a relatively new concept for India.
Before going any further, it is important to understand what really data localisation is. Unlike the European Union which adopted the Data Protection Directive in and has most recently passed the General Data Protection Regulation that is scheduled to become enforceable In today's digital age, a primary point of concern for the individuals is breach of their privacy.
Article 21 of the Indian Constitution is a fundamental right that guarantees protection of life and personal liberty. In association with.
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Criminal Law. Employment and HR. Operating in the knowledge that their government contracts are on the verge of drying up, they have been engaged in a lengthy legal dispute with the justice ministry over compensation for being excluded from the PNIJ tendering process, without any progress. At midnight on Monday, they announced that they would no longer process any new court orders although ongoing surveillance operations will continue.
France justice ministry announced on Tuesday that it would take legal action to force the companies to carry on, threatening euro fines for each unfulfilled order. Each company receives around 50 requests a day. For a business, this information can be used for usage or other reports of interest.
StealthGenie stays hidden on the target device so your kids technology catch a phone tapping surveillance technology of being monitored. This is T-Mobile's first dual core processor, 4G, 8 Megapixel camera phone. They have contacted ATT and Technology phone surveillance tapping to inform them of these techniques and are also in the process of drafting responsible disclosure statements for mobile service operators.
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