![]() He has thus asked for directives by the court for a probe into the leak, for the authorities to attempt to retrieve all leaked recordings, and for the media to be prohibited from publishing the tapes in any form. His argument is that the authorities have failed in their duty to protect his privacy by allowing the tapes to be leaked and then proving unable to prevent dissemination of the information. Rather, his grievance is with the unauthorised publication of the recordings. Tata has not challenged the right of the government to intercept and record private conversations. However, this is clearly not believed to be an absolute right, which can be seen from Tata’s claims itself. ![]() In India, the right to privacy has been recognised as part of the fundamental right to life guaranteed under Article 21 of the Indian Constitution. The argument made is that the higher the degree of public interest in a particular issue, more is the leeway that should be granted for intrusion into privacy. Further, it is also generally accepted that the right to privacy is not an absolute right and has to be balanced with the public interest. While the right to privacy is recognised by most legal systems and a number of international human rights conventions, the scope of such a right is not clearly demarcated. Tata filed a writ petition in the Indian Supreme Court claiming an infringement of his right to privacy. One such public figure was Ratan Tata, the Chairman of the Tata Group, one of the biggest Indian conglomerates. These tapes included conversations between Radia and a number of public figures, including politicians, journalists and business houses. Subsequently, in 2010, some of the recorded tapes were leaked, resulting in the publication of a small portion of the tapes recorded by the department. (REUTERS/Adnan Abidi)īetween 20, the Indian income tax department tapped the phone lines of Nira Radia, a political lobbyist, for almost a year. A news cameraman holds his camera aloft to film an inside view of corporate lobbyist Nira Radia's house in New Delhi December 21, 2010.
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