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Right to Privacy in India: Notes from Day 2

Day 2 of the hearing to determine whether there is a fundamental right to privacy under the Indian Constitution is underway. Notes from the hearing: 4:00 pm: Menakshi Arora begins her submission. Arora: you also need to look at Articles 17, 24, 25 to see support for the right to privacy, not just 14, 19, 21. — Raman Chima (@tame_wildcard) July 20, 2017 Arora: Unless privacy is put under Article 21, in our digital era, data can be collected without warrants in an unprecedented way — Raman Chima (@tame_wildcard) July 20, 2017 That's it for today. Submissions on behalf of the petitioners has concluded. The next hearing will be on Tuesday, July 25. 2:00 pm: Hearing resumes, with Poovaya continuing. Poovayya: Evolution of US privacy law in digital age in US v. Jones decision; GPS enabled tracking. No need for physical intrusion. — Raman Chima (@tame_wildcard) July 20, 2017 Poovayya: if Supreme Court upholds right to privacy in India, state will know it has a limited space it can operate in re: digital data — Raman Chima (@tame_wildcard) July 20, 2017 Poovayya: illustration of earlier Karnataka cab aggregator regulations requiring data of all passenger trips to be shared with state govt. — Raman Chima (@tame_wildcard) July 20, 2017 Poovayya: existence of a privacy right, it being impinged, may not automatically result in approaching court each time. — Raman Chima (@tame_wildcard) July 20, 2017 Chandrachud: If state requests that data for terrorism investigation? Poovayya: Acceptable if done under law satisfying Art 21, reasonable…

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