In 2017, the Supreme Court of India in K.S. Puttaswamy vs Union of India unambiguously reaffirmed that the right to privacy is a fundamental right. Since then, several High Courts across the country have relied upon/referred to the decision in Puttaswamy to resolve disputes related to the right to privacy. These cases significantly contribute to the development of privacy law jurisprudence in the country.
Centre for Communication Governance at National Law University, Delhi, has developed the CCG Privacy High Court tracker to keep stakeholders updated with the privacy law in India. The tracker captures privacy law-related cases post the pronouncement of the judgment in Puttaswamy. The sheer number of cases included in the tracker shows that privacy law is evolving rapidly, and all of us need to stay abreast.
One of the cases I came across on the tracker is Vinit Kumar vs CBI & Ors. This case relates to the legality of phone-tapping orders issued by the Central Bureau of Investigation. The Court held that the orders were illegal because there was no public emergency or a threat to public safety to compel the government to tap phones. Thus, the Court reaffirmed that phone-tapping should not be done as a matter-of-course and resorted to only in exceptional situations.
I highly encourage everyone to visit the tracker, and share any case you find interesting with us.