Jurisprudence of Privacy traces the evolution of the concept of privacy from its narrowest possible connotation to its ever-expanding dimensions in this age of technology advancements. The authors have delved into the philosophical as well as the legal aspects relating to privacy across different jurisdictions and brought it to bear upon the developments in India. In the process, the reader will witness how privacy has evolved into a fundamental right, under the Indian Constitution as also in other countries, from merely being a common law right exercisable under tort law. The exposition on the various typologies of privacy will help the reader contextualize this transformation of the right to privacy. The authors also postulate in the concluding chapter about Privacy being the ‘Grundnorm’ which serves as the fountainhead for normative systems, legal or moral.
Data Privacy, an essential aspect of the right to privacy, has been discussed in detail in the light of landmark judicial decisions in Puttaswamy and Aadhar cases and the legislative framework in India, including the pending Personal Data Protection Bill. The conflict arising between individual rights and national interests owing to bulk interception of data has been analysed meticulously and possible safeguards that must be instituted in law to avoid arbitrary violation have been delineated. The book aims to be a ready reference on the subject for law practitioners, judges, policy makers, students and researchers.
About The Author:
Udayan Mukerji is a retired IPS officer and a practicing advocate with specialization in criminal matters, torts, writ petitions, arbitration and contracts. During his career with the IPS, he functioned at various levels dealing with homeland and internal security, communications security and investigations into security deficiencies. He is the recipient of the Indian Police Medal for Meritorious Service and the President’s Medal for Distinguished Service.
R K Naroola is a leading legal practitioner and consultant with over 36 years of experience in advising and representing corporate and individual clients. He has acquired highly specialised experience in Collaborations, Joint Ventures, Banking, Industrial Relations, Labour Law, International Financial
Institutions, Foreign Trade, Contract Law and Negotiations. He has been involved in setting up of companies and Joint Ventures both in India and abroad.