Case Brief: ABC v. Union of India & Ors
Case Brief & Explanation: ABC v. Union of India & Ors
(Related to Right to Privacy and Data Protection)
1. Background
This hypothetical or anonymized case often represents privacy concerns in the digital age, such as:
Government surveillance
Data protection laws
Personal data usage without consent
Right to informational privacy
These issues arise because of the expanding use of digital technology, social media, and government data collection.
2. Legal Issues
Does the right to privacy extend to personal data and digital information?
Can the government or private entities collect, store, or use personal data without the explicit consent of the individual?
What constitutional protections apply under Articles 14, 19, and 21 of the Indian Constitution?
3. Key Legal Principles
Right to Privacy is a Fundamental Right:
The Supreme Court of India declared in the landmark case of Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) that the right to privacy is protected under Article 21 (Right to Life and Personal Liberty) of the Constitution.
Informational Privacy:
The right to privacy also extends to control over personal information — meaning individuals have a right to control how their personal data is collected, used, or disclosed.
Limitations on Privacy:
However, this right is not absolute and can be limited by law in the interests of:
National security
Public order
Prevention of crime
4. Case Law
a) Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) (Privacy Judgment)
The Supreme Court unanimously held that privacy is a fundamental right.
Any law or government action invading privacy must pass the three-fold test:
It must be backed by law.
It must have a legitimate aim.
It must be proportionate and necessary.
b) PUCL v. Union of India (1997)
The Court recognized the importance of informational privacy as a part of the right to privacy.
This case dealt with the issue of telephone tapping and the need for strict safeguards.
c) K.S. Puttaswamy case influence on Data Protection
Following the recognition of privacy, the government proposed the Personal Data Protection Bill to regulate data usage.
This relates to cases challenging government surveillance and data misuse under the umbrella of privacy rights.
5. Application in ABC v. Union of India & Ors
In such cases, the petitioner “ABC” challenges government or private agency actions that violate privacy by unauthorized collection or use of personal data.
Courts examine:
Whether the impugned action has legal sanction.
Whether it is necessary and proportionate.
Whether adequate safeguards exist.
6. Summary
| Aspect | Explanation |
|---|---|
| Right at Issue | Right to Privacy (especially informational privacy) |
| Constitutional Basis | Articles 14, 19, 21 of the Indian Constitution |
| Key Legal Tests | Legality, Legitimate Aim, Proportionality (Puttaswamy Test) |
| Relevant Case Laws | Puttaswamy (2017), PUCL (1997) |
| Outcome Focus | Protecting personal data and privacy against unlawful intrusion |
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