Privacy Rights

 As par Rights to Privacy Act : -

Invasion of Privacy is defined as “Wrongful intrusion into one’s private activities, in such a manner as to cause mental suffering, shame or humiliation to a person of ordinary sensibilities.”

The Privacy right “prevents governmental interference in intimate personal activities and freedoms of the individual to make fundamental choices involving himself, his family, and his relationship with others.” 

Article 1 of the Charter of Fundamental Rights of the EU (2000) states that “Human dignity is inviolable. It must be respected and protected”. 

Article 17 of the International Covenant on Civil and Political Rights of the United Nations of 1966 protects also privacy: "No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks."

"Invasion of privacy is the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded." 

“It is our philosophy that all men are equal before the law. Everybody’s right to life shall be protected. Nobody shall be subjected to torture or held in slavery. Any technologies and techniques capable of endangering the human physical and/or psychological health, to modify the individuals’ autonomy and affect their dignity should be strictly prohibited.”


Everyone has got rights against these kinds of privacy invasions :-

a) Intrusion on one's solitude or into one's private affairs;

 b) Public disclosure of embarrassing private information;

 c) Publicity which puts him/her in a false light to the public;

d) Appropriation of one's name or picture for personal or commercial advantage."
-----------------------------------------------------------------------------------

"The Central Information Commission has tried to create a plausible definition of ‘privacy’ to assist lawmakers who might enact a clear law against ‘invasion of privacy’.

“One who intentionally intrudes, physically or otherwise, upon the solitude of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person,” the CIC picked up the definition from the US Restatement of the Law on Torts."
------------------------------ 


Intentional infliction of emotional distress (IIED) is a tort claim of recent origin for intentional conduct that results in extreme emotional distress. Some courts and commentators have substituted mental for emotional, but the tort is the same. Some jurisdictions refer to IIED as the tort of outrage. 

The Right to Privacy Bill, India,  2010 intends to provide for protection of the right to privacy of persons so as to protect them from being blackmailed or harassed, or their image and reputation being tarnished; and for the prevention of misuse of digital technology for such purposes and for matters connected therewith and incidental thereto. It also seeks to provide for deterrent punishments for the violators in this regard. 

Full Text in here …

http://www.rajeev.in/pages/..%5CNews%5CBills_Introduced%5CRight_to_Privacy_Bill.html

 

The Right To Privacy Bill, India, 2011 says, “every individual shall have a right to his privacy — confidentiality of communication made to, or, by him — including his personal correspondence, telephone conversations, telegraph messages, postal, electronic mail and other modes of communication; confidentiality of his private or his family lifeprotection of his honor and good nameprotection from search, detention or exposure of lawful communication between and among individuals; privacy from surveillanceconfidentiality of his banking and financial transactions, medical and legal information and protection of data relating to individual.” 

“Unauthorized interception” punishable with a maximum of five years’ imprisonment, or a fine of Rs 1 lakh, or both, for each such interception. This makes it a cognizable, non-bailable offense. 

Full Text in here http://bourgeoisinspirations.files.wordpress.com/2010/03/draft_right-to-privacy.pdf 

The bill prohibits “surveillance by following a person”. This innocuously worded provision has the potential to effect sweeping changes in the criminal administration of this country (if it is even applicable to the state police machinery) . Currently, Police Acts in the various states contain no provisions that enable a person to challenge the surveillance imposed on them. This new section could provide a powerful new shield to the victims of police harassment.. The Act proposes a maximum punishment of five years and/or fine of Rs. 7 lakh for the first offence and Rs. 10 lakh for every subsequent offence. 

Please see the corresponding US standard this regard : -http://www.njleg.state.nj.us/2002/Bills/PL03/206_.HTM 

and http://tcattorney.typepad.com/digital_millennium_copyri/2008/03/right-to-privac.html 

“Mind Control” is criminal invasion of privacy for grievous wrongdoings only and that too habitually for a prolonged period of time ..This is crime … This kind of criminally perverted criminal sadism & criminal voyeurism & extreme invasion of privacy by criminal, sadist , psychopathic that amounts to severest mental cruelty to begin with .. 

 

  • Privacy Torts & compensation issue :- 

Protection from arbitrary and unlawful interference by the Government and private Parties is an essential right. 

Also, "Invasion of privacy is the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded." 

Article 17 of the International Covenant on Civil and Political Rights of the United Nations of 1966 also protects privacy. As par this : "No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honor and reputation. 

Everyone has the right to the protection of the law against such interference or attacks." It is also known that, violation of privacy issue also may cause invocation of civil law suit as par tort law) claiming damage amount due to such action .. 

The remedies for an invasion of the right of privacy are also suggested by those administered in the law of defamation, and in the law of literary and artistic property. An action of tort for damages in all cases. Even in the absence of special damages, substantial compensation could be allowed for injury to feelings as in the action of slander and libel. 

Definitions of 4 Privacy Torts: 

 Intrusion -- A physical, electronic or mechanical intrusion into someone's private space. This is an information-gathering, not a publication, tort. The legal wrong occurs at the time of the intrusion; no publication is necessary.

 False light -- Publication of false, highly offensive (but not necessarily defamatory) information about an individual.

 Public Disclosure of Embarrassing Private Facts -- Publication of nonnewsworthy, private facts about an individual that would be highly offensive to a reasonable person (true defamation)(so intimate that outrage the public's sense of decency).

 Appropriation -- Use of a person's name, likeness or identity for trade or advertising purposes without consent.

 

---------------------------------
In most civil law jurisdictions, defamation is dealt with as a crime rather than a tort
---------------------
INTERCEPTION OF PRIVATE COMMUNICATION

Section 184(1) of the Criminal Code sets out the general rule that it is illegal to willfully intercept a private communication:

Everyone who, by means of any electro-magnetic, acoustic, mechanical or other device, willfully intercepts a private communication is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. This involves wiretapping and second lines.

Everyone who, fraudulently and without colour of right,

UNAUTHORIZED USE OF A COMPUTER 

(a) obtains, directly or indirectly, any computer service,
(b) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system,
(c) uses or causes to be used, directly or indirectly, a computer system with intent to commit an offence under paragraph (a) or (b) or an offence under section 430 in relation to data or a computer system, or
(d) uses, possesses, traffics in or permits another person to have access to a computer password that would enable a person to commit an offence under paragraph (a), (b) or (c)
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or is guilt.