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Right To Confidentiality

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2. Whether the right to privacy and confidentiality is a fundamental right under Article 21?
2.1. What is Right to Privacy and Confidentiality?
Privacy may be regarded as a basic right of every human being. Stone in his textbook gave a narrow definition of privacy. He stated that it is the right to prevent, or to be compensated for, the unauthorized acquisition or publication of secret information. This definition, although narrow, is apt for the present facts of the case. The European court on human rights has also tried to define privacy in various cases. It has been termed as a circle around every individual human being which no government...ought to be permitted to overstep and some space in human existence then entrusted around and sacred …show more content…
The duty to maintain confidentiality has its origin in Hippocratic Oath which is adopted as a guide to conduct in medical profession. It states, “Whatever, in connection with my professional practice, or not in connection with it, I see or hear, in the life of men, which ought not to be spoken of abroad, I will not divulge as reckoning that all such should be kept secret.” The other definition for the same is as follows: "A physician shall preserve absolute confidentiality on all he knows about his patient even after his patient has died." Medical information about a person is protected by the Code of Professional Conduct made by the Medical Council of India under Section 33(m) read with Section 20A of the Act. Thus we know exactly what duty to maintain confidentiality …show more content…
The case related to the publication by a newspaper of the autobiography of Auto Shankar who had been convicted and sentenced to death for committing six murders. Sometime after he had completed the book, he had disclaimed as to have written it. The court oddly had accepted this notion and then went on to look whether his privacy was being curtailed in any manner. The Supreme Court in this case asserted that “In recent times the right to privacy has received constitutional status; it is implicit in the right to life and personal liberty guaranteed to the citizens by Article 21 of the Constitution of India. It is the right to be let

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