Indian Legal Regime On The “Cryprography”: The New Dimension Of The Right Of Privacy In The Age Of Internet Communications
S. Rohith, ICFAI Law School, Hyderabad
Abstract
Privacy as a right is not enumerated as a fundamental right in the Indian constitution but is often held as an inherent right under the Article 21 the right to life. Privacy as a right has many dimensions. This cryptography can be said to be one such new dimension to the right of privacy with emergence of the electronic communications. The main aim of the article has been to state and explain lucidly the practice of cryptography and its legal regime in India. The article starts by mentioning the emergence of the electronic communications and then proceeds by explaining the evolution of cryptography as a practice adapted for ensuring the integrity of the communications. The article also explains the judiciary’s view on the right of privacy and the instances in which it can be done away with. The article contains a mentioning about the new IT rules and their effect on the right to have a encrypted communication which is read as an element of the right of privacy under the Article 21 of the constitution. The article also contains relevant case laws which are authority in that point of law.
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