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Tort of Privacy and Confidentiality

AUTHORS: KOSHA DOSHI AND SIRIJA MAGANTI, STUDENTS, SYMBIOSIS LAW SCHOOL, PUNE, INDIA

Abstract The following is an article which traces the development of the tort of privacy and confidentiality. The origin from foreign nations and its usage as per our circumstances. The intertwine of the torts in Indian context with the constitutional law, criminal law and such others. The basic principles on which the concept lies is explored in this article. The remedies, essentialities and growth of the same is explored. Case analysis depicting the variety of situations where the tort of privacy and confidentiality is applicable and how the courts have provided both the sides. An empirical research has also been conducted to enhance the article’s understanding wherein questions were asked to public at a large and their responses were recorded. The research then provides a comparison between the arm-chair research obtained and between the society research. The article provides suggestions and recommendations for the better implementation of the concept. Overview of minute concepts have also been included. Keywords: ubi jus ibi remedium; right to be left alone; Law Commission, 1981; Human Rights Act,1998; ethical duty, right to privacy, data protection.

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