Right to Privacy a Fundamental Right, Says Indian Supreme Court
Privacy : You have a right to try to keep things as private as you want. You should not be prosecuted for merely trying to keep things private.<p>Your responsibility :<p>1. Don&#x27;t share things that you want to keep private.<p>2. Carefully weigh the trade offs when you agree to share things about you. There is no retroactive privacy on things that you yourself shared.<p>3. You can attempt to retract what was shared about you, but you can&#x27;t hold society responsible for successful retraction of that piece of information, from media or minds. You can add addendum e.g. an apology from someone, you can claim damages, but we can&#x27;t rewind time.<p>Government responsibility:<p>1. Don&#x27;t criminalize people trying to keep things private. This would be similar USA Fifth Amendment, do not force people to share what they don&#x27;t want to share. Government can ask &quot;What crimes you committed in the privacy of your home?&quot;, but it can&#x27;t force people to answer that question or punish for not answering it.<p>2. You can&#x27;t plead fifth and deny proving your identity when you want to take food stamps from government, or when you get unearned tax credit. Just like in any transaction, Government can ask you to prove who you are and may demand increasing levels of proof depending on the transaction. Your choice would be to not participate in such transactions, in certain situations you implicitly give permission to Government to demand proof of identity from you, e.g. if you request a loan to dig a well or subsidy to buy fertilizer or collecting unemployment benefit. Security of exchange of money from government to people is Government&#x27;s responsibility and it may demand increasing levels of identification depending on the nature of the transaction, as deemed appropriate by abused observed or potential for abuse. In places with high corruption rates, strong identification would be required and would be appropriate. I don&#x27;t think people would be OK if someone collects their pension using just name, address and birth date, and government throwing hands in the air accusing you for not protecting your name, address and birth date.<p>What you can&#x27;t do:<p>1. Make the world forget what it already knows. Can&#x27;t ask Google to delete a piece of information about you from entire internet, once you yourself post it on Blogger. You can delete the post from Google, you can delete your account, but you must realize that once something is not private, you have no control over who has seen it and how many formats&#x2F;copies of that information got created.<p>2. Get into a contract to drop certain privacy and then deny fulfilling the contract because of privacy rights. E.g. a model can&#x27;t say that she won&#x27;t show her face on a fashion ramp because of privacy after taking payment. A storybook author can&#x27;t say that she won&#x27;t share her book with publisher because of privacy after taking payment.<p>3. Make a demand that a private entity, on its private premises, can&#x27;t have monitoring equipment. A store may decide to have cameras at the self checkout lanes, and it may deny self checkout to folks with full face covering. Your choice would be to not shop at such places, you can&#x27;t use law to shut down the business&#x27;s ability to monitor their private premise as they wish. An employer may make alcohol breath analyzer test required e.g. for a surgeon before surgery, a pilot, air traffic control at the start of the duty, or a long distance train driver. The employees in this case can&#x27;t claim privacy rights to deny such tests.<p>4. When you are in public place e.g. a sidewalk, you are participating in a public endeavor that comes with you dropping the privacy protection e.g. compared to what you would get in your bedroom. The rays of light that bounce off of you or your belonging are fair game to be captured. Photographers do not need to take your permission to capture rays of light that are travelling in their direction when they stand on a public place or a private place they own or a private place where the owner has given them permission to capture the rays. Those photographs can only be used for personal consumption or for non-profit activities e.g. an investigation, news reporting. Any commercial use of the photo e.g. in an product advertisement, would require release agreement from the person in the photo.<p>I think Strong Privacy and Strong Identification both are required, for some things they are mutually exclusive, in some parts you trade one for another. Authentication&#x2F;Authorization&#x2F;Encryption&#x2F;Non-Repudiation is needed to deliver these rights.<p>Consider this, if privacy laws are absolute in every aspect of life then you can&#x27;t have antitrust laws that stop competitors from fixing prices or agreeing to anti-competitive behavior. If privacy laws are absolute then smartphone apps that capture photo&#x2F;video of an crime unfolding won&#x27;t be allowed due to privacy concerns of the criminal. If you can keep something private (lock the door to your room, your safe deposit box), no one will force you to expose it, but one can&#x27;t demand privacy in situations that naturally expose information to others, unless you explicitly set the expectation of privacy (attorney-client, doctor-patient, a service provider) as part of a contract. Government may make laws to cover most common situations e.g. your real estate agent sharing your budget with the seller of the property, your medical records etc.<p>Privacy law is natural. What I draw and erase on a doodle board in the privacy of my home is my business, you can&#x27;t force me to divulge it. What I say in my head to myself is my business, there is no thought crime. What I sing when on a trail is my business, no one can force me to say which song I sung. When government or corporation tries to invade the natural privacy, it should be stopped. In that regard, privacy is a fundamental right. But, privacy can&#x27;t be claimed to hide criminal record from your neighbors or employers.<p>More of me trying to sort it out in my own head.