Right to Privacy in India – Supreme Court Judgment Complete Guide 2026

The Puttaswamy Judgment (2017)

In Justice K.S. Puttaswamy vs Union of India, a 9-judge bench of the Supreme Court unanimously held that the right to privacy is a constitutionally protected fundamental right. The court overruled earlier decisions that had denied privacy as a fundamental right.

The court identified three aspects of privacy: bodily autonomy, informational privacy, and privacy of choice.

Scope of Privacy Rights

The right to privacy includes: protection against unreasonable searches of person and property, freedom from surveillance and data collection without consent, right to control personal information and data, reproductive autonomy and choice, sexual orientation and gender identity, and protection of personal communications.

The right is not absolute and can be restricted by law on reasonable grounds.

Digital Privacy and Data Protection

The Digital Personal Data Protection Act, 2023 was enacted following the Puttaswamy judgment. It regulates how companies and the government can collect and process personal data. Citizens have rights to: access their data, correct inaccurate data, withdraw consent, and seek compensation for data breaches.

Violations can result in penalties up to Rs. 250 crores.

Frequently Asked Questions