Informational Privacy: Constitutional and Common Law Remedies

The background of this seminal work comes from K.S. Puttaswamy (Privacy-9J.) v. Union of India, (2017) 10 SCC 1 comprising nine judges of the Supreme Court which unanimously declared the right to privacy to be a fundamental right of utmost importance. This work accurately analyses the right of privacy from a legal, constitutional perspective. It explains the importance and necessity of judicial remedies against the encroachment of right of privacy by private players, echoing the view expressed by the Supreme Court of India in Kaushal Kishor v. State of U.P.

Key Features:

• This book focuses on shaping a new remedy grounded in the law of torts to protect and enhance privacy rights.
• The publication helps in understanding how the remedy for privacy rights violations can be pursued by relying on the structural framework contained in Article 226 of the Constitution of India.
• This book proposes that Article 226 is wide enough in its scope to apply in relation to remedies sought for privacy rights violations carried out by non-State actors.

Reviews

The book on hand is a very important arrival not only for the bookshelves of lawyers and judges but also for the libraries of the universities as it deals with the very highly refined aspect of a fundamental right in all its nuances, very lucidly for both the common man and the scholar to follow.

- Justice V. Ramasubramanian
Former Judge, Supreme Court of India

I believe this book is timely and topical and is just the kind of erudite scholarship that will equip our institutions to continue to uphold and protect the invaluable right to privacy in an ever-evolving social, economic and technological milieu.

- K.K. Venugopal
Senior Advocate

The author rightly recognises that the most serious threats to the individual's privacy emanates not just from the State, but from large and powerful corporations. Without effective and speedy remedies, there may be no deterrence against violations of privacy.

The book examines two key avenues for safeguarding informational privacy: the common law and Article 226 of the Constitution.

- Madhavi Divan
Senior Advocate