Administrative law and privacy protection
🛡️ Administrative Law and Privacy Protection
I. What is Administrative Law?
Administrative law governs the functioning of administrative authorities. It ensures:
Accountability of public bodies
Fairness in decision-making
Control over arbitrary use of power
II. What is Privacy in Legal Terms?
Privacy refers to a person's right to control access to their:
Personal data
Bodily integrity
Communications
Private life
It has become a key issue in the digital age, especially in the context of data collection, surveillance, and government decision-making.
III. Link Between Administrative Law and Privacy
Administrative bodies often exercise powers that directly impact individual privacy, including:
Surveillance
Collection of personal data
Investigations
Issuance of licenses, passports, and identity documents
Administrative law acts as a check on such powers to:
Prevent arbitrary interference with privacy
Enforce procedural safeguards
Ensure compliance with constitutional and statutory privacy rights
⚖️ IV. Landmark Case Laws: Administrative Law & Privacy
1. Justice K.S. Puttaswamy (Retd.) v. Union of India (2017 10 SCC 1)
Facts:
This case challenged the constitutionality of the Aadhaar scheme, where biometric data of individuals was being collected by the state.
Issue:
Whether the Right to Privacy is a fundamental right under the Indian Constitution.
Held:
A 9-judge bench of the Supreme Court held that privacy is a fundamental right under Article 21 and Part III of the Constitution. Any restriction on privacy must:
Be based on a valid law
Serve a legitimate state interest
Be proportionate and necessary
Principle:
Administrative authorities collecting personal data must act under a valid law and in compliance with principles of fairness, necessity, and proportionality.
2. Govind v. State of Madhya Pradesh (1975 AIR 1378)
Facts:
The petitioner challenged surveillance by the police under the Madhya Pradesh Police Regulations, which involved shadowing and monitoring personal activities.
Issue:
Whether such surveillance violated the right to privacy under Article 21.
Held:
The Court held that some forms of privacy are protected under Article 21, but reasonable restrictions can be imposed for public interest, provided due procedure is followed.
Principle:
Administrative discretion in surveillance must be justified, non-arbitrary, and subject to procedural safeguards.
3. People's Union for Civil Liberties (PUCL) v. Union of India (1997 1 SCC 301)
Facts:
PUCL challenged the telephone tapping provisions under the Indian Telegraph Act, 1885, claiming it violated the right to privacy.
Issue:
Whether phone tapping without procedural safeguards violates fundamental rights.
Held:
The Court upheld that telephone conversations are part of the right to privacy. It laid down guidelines for phone tapping to prevent misuse, such as:
Prior approval by a Home Secretary
Limited duration
Maintenance of records
Principle:
Administrative actions involving surveillance must comply with due process and ensure oversight to prevent abuse of power.
4. District Registrar and Collector, Hyderabad v. Canara Bank (2005 1 SCC 496)
Facts:
The Andhra Pradesh government passed a law allowing search and seizure of bank documents without prior notice or judicial oversight.
Issue:
Whether such administrative powers violated the right to privacy.
Held:
The Supreme Court held that banks and their customers have a right to privacy, and any law permitting invasive search without safeguards violates Articles 14 and 21.
Principle:
Administrative authorities must have clear legal backing and procedural safeguards before interfering with privacy.
5. Selvi v. State of Karnataka (2010 7 SCC 263)
Facts:
This case dealt with the forcible use of narco-analysis, polygraph tests, and brain-mapping on accused persons during criminal investigations.
Issue:
Whether such practices violated the right to privacy and personal liberty.
Held:
The Court ruled that involuntary administration of such techniques is unconstitutional, as it violates:
Right against self-incrimination (Article 20(3))
Right to privacy (Article 21)
Principle:
Even for legitimate state purposes like investigation, administrative actions must respect bodily privacy and human dignity.
📋 V. Summary Table
| Case Name | Key Principle |
|---|---|
| K.S. Puttaswamy v. Union of India | Privacy is a fundamental right; administrative action must meet tests of legality & necessity |
| Govind v. State of M.P. | Surveillance must follow due process and be reasonable |
| PUCL v. Union of India | Wiretapping must follow clear rules and procedural safeguards |
| Canara Bank Case | Search & seizure without safeguards violates privacy |
| Selvi v. State of Karnataka | Involuntary scientific tests infringe bodily and mental privacy |
📝 VI. Conclusion
Administrative law plays a critical role in protecting individual privacy by:
Ensuring administrative discretion is not absolute
Enforcing procedural fairness and legal safeguards
Providing judicial remedies against unlawful intrusion
Privacy, especially in the digital age, is not an absolute right, but any restriction must be lawful, necessary, and proportionate.
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