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Conflict Between Fundamental Rights: Right To Privacy And Right To Information




R S Samarth, School of Law, Christ University


ABSTRACT


In Indian law, the rights to information and privacy coexist and are complementary. In today's fast-paced, modern, and technological culture, the protection of an individual's privacy and security is becoming a concern. Since both rights are essential under the Indian Constitution, the Supreme Court of India has ruled that both rights are protected by Article 19(1)(a) - Right to freedom of speech and expression - as well as Article 21 - Right to life. New technologies and cultural changes are gradually jeopardising personal privacy. In this case, we must pick between two essential rights: which one do we choose and how? These are third-party data, which may include personal information. Article 21 of the Indian Constitution protects a biological person's privacy. Other third-party information is not subject to the same level of security, although it is protected under the RTI Act and other laws. This is as important as privacy. The RTI Act's weakness with respect to this kind of personal information is evident in other types of third-party information as well. In both cases, the issue must be addressed.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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