Supreme Court Judge Lavu Nageswara Rao has said in the digital age, individuals may exercise the right to privacy by giving some part of information voluntarily but cannot be forced to do so.
Delivering S. Venkata Raman Endowment Lecture on ‘Life, Liberty, Privacy and Law’ at Andhra University here on Saturday, he said the nine-judge bench of the Supreme Court had unanimously accepted the right to privacy which was a part of right to liberty and right to life but when it came to conflicting and compelling interests of the State it had to make way.
Citing a case in the US where accessing information available on mobile phone led to incriminating evidence against an individual but was contested on use of ‘fruits of poisonous tree’, where evidence illegally obtained could not be adduced, he said a way out had been suggested by seeking an email warrant.
Mr. Justice Nageswara Rao said the use of Aadhhar to obtain information about individuals by an executive order was being heard by a five-judge bench of the apex court and he could not talk about it.
In his lecture he dwelt at length on various aspects of the topic referring to the developments in the US and the consultations constitutional advisor to the Constituent Assembly B.N. Rau had with US Supreme Court judge Frankfurter on due process of law and the Fourth and Fourteenth Amendments and the developments relating to personal liberty and privacy in the US and India.
Andhra University Vice-Chancellor G. Nageswara Rao, Principal of Dr B.R. Ambedkar College of Law, Andhra University, D. Surya Prakasa Rao and Registrar V. Uma Maheswara Rao spoke at the meeting.
