The Supreme Court of India held that courts cannot impose bail conditions that require accused
persons to share their location on Google Maps, asserting the protection of the right to privacy.
Background
The verdict stemmed from an appeal by Frank Vitus, a Nigerian national accused in a drugs case. The Delhi High Court’s 2022 order mandated him to share his Google Map location with the investigating officer as a condition for bail.
Supreme Court Verdict
- Violation of Privacy: The Supreme Court stated that any bail condition enabling the police or investigation agencies to track an accused’s movements through technology violates the right to privacy guaranteed under Article 21 of the Constitution.
- Certificate of Assurance: The Court also ruled against the condition requiring a “certificate of assurance” from the Embassy, stating that its issuance is beyond the control of the accused. It clarified that the accused should not be denied bail if the Embassy fails to issue such a certificate within a reasonable time.
Right to Privacy: Indian Scenario
- K.S. Puttaswamy vs. Union of India (2017): The landmark judgment declared the right to privacy as a fundamental right,
part of the right to life and liberty under Article 21 of the Constitution. - Data Protection Bill: Aimed at protecting personal data, this Bill has been in development since 2018, following a draft
prepared by a panel led by Justice B N Srikrishna.
Right to Privacy: Global Scenario
- Universal Declaration of Human Rights (1948): Article 12 protects against arbitrary interference with one’s privacy,
family, home, and correspondence. - International Covenant on Civil and Political Rights (ICCPR) (1966): Article 17 provides legal protection against
arbitrary interference with privacy. India ratified the ICCPR in 1979. - Charter of Fundamental Rights of the European Union (2012): Articles 7 and 8 recognize the respect for private and
family life and the protection of personal data, respectively. - General Data Protection Regulation (GDPR): A comprehensive data protection law of the European Union focused on
the lawful processing of personal data.
Conclusion
The Supreme Court’s ruling underscores the importance of the right to privacy in India. It aligns with global standards
and reinforces the need for conditions that respect individual privacy rights while balancing the requirements of law
enforcement. The decision emphasizes that privacy cannot be compromised, even in legal processes such as granting bail.