Supreme Court: While the issue relating to ‘right to privacy’ is under consideration before a 9-judge bench, the Centre today told a 5-judge bench of Dipak Misra, Dr. A.K. Sikri, Amitava Roy, A.M. Khanwilkar and M.M. Shantanagouda, JJ in the matter relating to Whatsapp data sharing with it’s parent company Facebook, that the data of users is integral to the right to life and personal liberty guaranteed under the Constitution and it would come out with regulations to protect it.
The submission of the Central Government is important in the light of the ongoing Aadhaar proceedings that prompted the 5-judge bench of J.S. Khehar, CJ and J Chelameswar, SA Bobde, DY Chandrachud & Abdul Nazeer, JJ to refer the ‘right to privacy’ matter to a 9-judge bench. The petitioners have vehemently argued before the 9-judge bench that ‘right to privacy’ should be declared as a fundamental right under Part III of the Constitution. The Union of India will be making it’s submissions in the matter on Tuesday. ‘Right to privacy’ has not been specifically recognised in the Constitution as a fundamental right and that is why the Court has interpreted the said right differently in different case.