when was the right to privacy established in india
Right to privacy A nine-judge bench of the Supreme Court headed by Chief Justice JS Khehar, ruled on August 24, 2017 that the Right to Privacy is a fundamental right for Indian citizens under the Constitution of India (mostly under Article 21 and additionally under Part III rights). Thus no legislation passed by the government can unduly violate it. Specifically, the court adopted the three-pronged test required for encroachment of any Article 21 right – legality-i.e. through an existing law; necessity, in terms of a legitimate state objective and proportionality, that ensures a rational nexus between the object of the invasion and the means adopted to achieve that object. This clarification was crucial to prevent the dilution of the right in the future on the whims and fancies of the government in power. .[21] This ruling by the supreme Court will open debate about the scrapping of the archaic section 377, that criminalizes Homosexual acts of union .[22] India is the world’s biggest democracy and with this ruling, it has joined United States, Canada, South Africa, the European Union and the UK in recognizing this fundamental right.[23]
Canadian privacy law Canadian privacy law has evolved over time into what it is today. The first instance of a formal law came when, in 1977, the Canadian government introduced data protection provisions into the Canadian Human Rights Act.[1] In 1982, the Canadian Charter of Rights and Freedoms outlined that everyone has "the right to life, liberty and security of the person" and "the right to be free from unreasonable search or seizure",[2] but did not directly mention the concept of privacy. In 1983, the federal Privacy Act regulated how federal government collects, uses and discloses personal information. Canadians' constitutional right to privacy was further confirmed in the 1984 Supreme Court case, Hunter v. Southam.[3] In this case, Section 8 of the Canadian Charter of Rights and Freedoms (1982) was found "to protect individuals from unjustified state intrusions upon their privacy" and the court stated such Charter rights should be interpreted broadly.[4] Later, in a 1988 Supreme Court case, the right to privacy was established as "an essential component of individual freedom".[3] The court report from R. v. Dyment states, "From the earliest stage of Charter interpretation, this Court has made it clear that the rights it guarantees [including privacy rights] must be interpreted generously, and not in a narrow or legalistic fashion".[4] Throughout the late 1990s and 2000s, privacy legislation placed restrictions on the collection, use and disclosure of information by provincial and territorial governments and by companies and institutions in the private sector.