Page 13 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
Similarly, in the case of Smith vs Maryland , the court held that
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when individuals voluntarily provide information to a third party,
they can’t claim for infringement of privacy . In this case, the court
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ruled that the installation of a pen register device on a suspect’s
phone did not constitute a violation of the Fourth Amendment. The
Court reasoned that individuals had no legitimate expectation of
privacy in the numbers dialed from their phones, as this information
was already shared with the telephone company. This judgement
has a significant impact on privacy in the digital age, where vast
amounts of personal information are shared with third-party service
providers on a daily basis.
These judgments demonstrate the need for a nuanced understanding
of privacy expectations, particularly in the context of technology
and surveillance practices. As new technologies continue to emerge
and reshape the way in which information is collected and shared,
it is imperative for legal frameworks to adopt and provide adequate
safeguards for individuals’ privacy rights.
In India, the right to privacy is considered a fundamental right under
Article 21 of the Constitution, which guarantees the right to life
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and personal liberty. The Supreme Court of India has recognized the
importance of privacy in several landmark cases, including the recent
judgment in Justice K.S. Puttaswamy (Retd.) and Another v. Union of
India and Others , in which a nine-judge bench unanimously held
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that privacy is a fundamental right protected under the Constitution
of India. The judgment emphasized protecting personal autonomy
and the right to control one’s personal information in the digital age.
The court recognized the need for robust data protection laws and strict
10 Smith vs Maryland (1979) 442 U.S. 735
11 Privacy Law Library, National Law University, Delhi, (https://nluwebsite.s3.ap-south-1.
th
amazonaws.com/uploads/carpenter-vs-united-states-5.pdf) accessed 15 December 2023.
12 “Article 21 of the Indian Constitution- Protection of life and personal liberty- No person
shall be deprived of his life and personal liberty except according to procedure established
by law”.
13 Justice K S Puttaswamy (Retd) & Anr. Vs Union of India & Ors. (2017) 10 SCC 1, AIR
2017 SC 4161.
law.faculty@kdu.ac.lk
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