Supreme Court to decide if sharing geo-location violates right to privacy

Satya Prakash

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New Delhi, October 3

Can an accused be ordered to share his geo-location from his mobile phone to enable investigators to track his movement while on bail? Noting that prima facie it violated the right to privacy of the accused, the Supreme Court on Tuesday decided to examine if such a bail condition went against the Supreme Court’s 2017 verdict in the KS Puttaswamy case declaring the right to privacy a fundamental right.

“You must explain to us the practical effect of such a condition. Once a person is set at liberty, certain conditions are imposed. But here you are tracking the movement after grant of bail… Isn’t it violative of the right to privacy?” asked the Bench, which also included Justice Pankaj Mithal.

The top court posted the matter for further hearing on December 12. In a landmark verdict, the Supreme Court on August 24, 2017, declared the right to privacy a fundamental right under the Constitution, saying it was “the constitutional core of human dignity”.

“The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III (which deals with Fundamental Rights) of the Constitution,” a nine-judge Constitution Bench headed by then Chief Justice of India JS Khehar had ruled in a unanimous verdict.

Tracking movement

Once a person is set at liberty, certain conditions are imposed. But here you are tracking the movement after grant of bail… Isn’t it violative of the right to privacy? — Supreme Court