Fundamental Right To Privacy Of Students And Public Access To Academic Results

Sourav Sharma, LL.B., Dept. of Law, University of Jammu, UT of J&K

ABSTRACT

In 2017 Supreme Court in Justice K.S. Puttaswamy vs. Union of India declared that Right to Privacy is a fundamental right and forms part of the Right to Life under Article 21 of the constitution of India. In the light of this newly emerged fundamental right, the administrative practice adopted by educational institutions of publishing academic results online in websites which are openly accessible by everyone in the society is critically examined.

Present paper addresses the question, "Does publication of Result of students in Educational institutions in openly accessible websites violate his/her Fundamental Right to Privacy?" in the light of Fundamental Right enshrined in Article 21 of the constitution and the Right to Information Act, 2005 which lay down the procedure prescribed by law as per which Right to Privacy under Article 21 may be deprived to a person.

After examining the relevant laws, it is concluded that publication of results in open websites where any one from the public can access it without any restriction violates the fundamental Right to Privacy of students in India.

Suggestions have also been made so that the benefits of digital revolution can be utilized without compromising the privacy of students.