Abstract

RIGHT TO PRIVACY: AN OVERVIEW

Dr. Seema Yadav

Volume: 4 Issue: 4 2014

Abstract:

Privacy is a natural need of a man to establish individual boundaries and to restrict the entry of others into that area. There are sufficient evidences in both oriental and occidental civilizations to support this view. The idea of privacy is as old as Biblical periods. The studies of animal behaviour and social organization suggest that man's need for privacy may well be rooted in the animal origins, and that men and animals share several basic mechanisms for claiming privacy among their own fellows. Bible describes the moment when Adam and Eve opened their eyes and they knew that they were naked: and they sewed fig leaves together and made themselves aprons. The distance from the biblical garden to the statutory wilderness may have taken thousands of years to traverse because it is necessary fora secure relationship between individual and individual whether it is between man and his wife, son and father or friend. In other words, it concretises relationship of love, friendship and trust. The concept of privacy in its broad sense covers a number of aspects. For example non-disclosure of information, his sexual affairs, privacy of business secrets and non-observance of others, etc. It is a concept related to solitude. Secrecy and autonomy. Privacy is an inseparable part of the vocabulary of every society.)

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References

• Herbert Marcuse, One Dimensional Man, 10 (1964); Milton R. Konvitz, Privacy and The Law: A Philosophical Prelude, 31 Law and Contemporary Problems 273 (1966)
• Alan F. Westin, Privacy and Freedom, 8 (1970).
• The Holy Bible American Standard Version (1929), Genesis 3 : 7; Charles Fried, Privacy, 77 YaU LJ. 475 (1968) at P. 478
• M.C. Pramodan, Right to Privacy, 14C.U.LK 59 (1990); also see S.K. Sharma, Privacy Law: A Comparative Study, 25 (1994)
• Raymond Wacks, Personal Information Privacy and the Law, 20-21 (1994)
• Thomas M. Cool, Torts 91 (1888).
• Samuel D. Warren and Louis D. Brandeis, The Right to Privacy, 4 Harvard Law Rev. 193 (1890)
• Salmond, The Law of Torts, 15th Edition at pp. 44 and 46; also see William L. Prosser, Privacy 48 CaliLR. 383423 (1960)