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Research Article

EEO. 2021; 20(1): 1868-1876


Right to Privacy with special reference to the Cyber world

AAYUSHI KUMARI, KULJIT SINGH.




Abstract

‘Right to Privacy’ is a fundamental right, which had beenclarified finally by the landmark as well as historical judgment,K .S. Puttaswamy and ors. v.Union of India,which is implicit in‘Right to Life’ under Article 21 of COI.There should be Right to Privacy, subject to reasonable restriction and it should be safeguarded by the law. Cyber privacy is controversial issue, but our country do not have any stringent laws to deal with this controversial issue. Right to privacy with special reference to the cyber security is a debatable issue. As we are in era of Globalisation and Digitalisation, it is shocking and amazingly unbelievable that we don’t still have any stringent laws regarding this issue. Right to Privacy under Art. 21 r/w Art. 19(1) (a)i.e.,Right to Freedom of Speech and Expressioncannot be invoked against the commission ofcyber-crime by an individual completely, but vigilant steps are also taken by the State as well as the Judiciary. As of now, there are the Information and Technology Act, 2000 amended in the year 2008 and the Personal Data Protection Bill,2019 in India, but these Acts do not cover the broad boundaries of the cyber-crimes infringing the Right to Privacy. This Article mainly focuses on the Right to Privacy with special reference to cyberworld and also discusses about the role of Judiciary in interpreting the word Right to Privacy with reference to the cyber security. Besides, it throws light on the role of State and Legislation regarding the aforesaid issue and also suggests some measures to cope up with this issue.

Key words: Right to Privacy, CyberCrime, Cyber Privacy, Freedom of Speech






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