Sharing of Location in Return for Bail Violates Privacy:SC - polity

News: The Supreme Court held that courts cannot impose bail conditions that require accused persons to share their location on Google Maps.

 

What’s in the news?

  • The verdict came in an appeal filed by a Nigerian national, Frank Vitus, who is an accused in a drugs case, challenging a Delhi High Court order of 2022, mandating him to share his Google Map location with the probe officer as a condition for his bail.

Right to Privacy: Indian Scenario

  • In 2017 the K.S. Puttaswamy vs. Union of India judgment declared that the right to privacy a fundamental right as part of the right to life and liberty under Article 21 of the Constitution.
  • To protect the personal data the data protection Bill has been in the works since 2018 when a panel led by Justice B N Srikrishna had prepared a draft version of the Bill.

Right to Privacy: Global scenario

  • Article 12 of the Universal Declaration of Human Rights, 1948 and Article 17 of the International Covenant on Civil and Political Rights (ICCPR), 1966, legally protect persons against “arbitrary interference” with one’s privacy, family, home, correspondence, honor and reputation.
    • India signed and ratified the ICCPR in 1979, without reservation. 
  • Article 7 and 8 of the Charter of Fundamental Rights of the European Union, 2012, recognises the respect for private and family life, home and communications.
    • Article 8 mandates protection of personal data and its collection for a specified legitimate purpose.
  • The General Data Protection Regulation (GDPR) of the European Union focuses on a comprehensive data protection law for processing of personal data.