reasonable expectation that it will be utilised
Does the constitutional right to privacy envisage the purpose limitation principle? Does it only apply to state/private parties acting on behalf of state or for purely horizontal relationships as well?
6 Matching Annotations
- Sep 2017
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supremecourtofindia.nic.in supremecourtofindia.nic.in
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access to bank records to the Collectordoes not permit a delegation of those powers by the Collector to a private individual. Hence even when the power to inspect and search is validly exercisable by an organ of the state, necessary safeguards would be required to ensure that the information does not travel to unauthorised private hands.
Where delegation of responsibilities, need for proper safeguards. Very relevant observation in the context of PPP models of governance and data collection/processing
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India’s international commitments under the Universal Declaration of Human Rights (UDHR) and International Covenant on Civil and Political Rights(ICCPR)
ICCPR and UDHR as instrumental in foundation for affirmation of privacy
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The significance of the judgment in Canara Banklies first in its reaffirmation of the right to privacy as emanating from the liberties guaranteed by Article 19 and from the protection of life and personal liberty under Article 21
privacy derived from freedoms under 19, as well life and liberty under 21
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Court repudiated the notion that a person who places documents with a bank would, as a result, forsake an expectation of confidentiality. In the view of the Court, even if the documents cease to be at a place other than in the custody and control of the customer, privacy attaches to persons and not places and hence the protection of privacy is not diluted
2 important observations
recognition of privacy attached to persons and and not places (moving beyond a propertarian view of privacy)
sharing of information does not lead to forsaking a reasonable expectation of privacy. Without reference, repudiation of third party doctrine. privacy not quivalent with secrecy.
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penumbras created by the Bill of Rights resulting in a zone of privacy101leading up eventually to a “reasonable expectation of privacy”
Canara Bank - reference made to penumbra of rights creating a zone of privacy
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