Right of privacy
Querist :
Anonymous
(Querist) 17 January 2012
This query is : Resolved
Don't I have right of privacy over my own information? Like my election identity card number, name, age, sex, father's/husband's name, address?
If one refers to the attachment below with this query, all these ingredients of information required for starting the process of identity theft or impersonation have been put up by the Election Commission.
Why should ANYONE and EVERYONE have the right to know about my above information? If some criminal is tracking anybodies whereabouts, he can easily find it and create misery.
Can writing to the Election Commission help? Or a writ be moved for this in matter of protecting privacy? Instead of putting up all this surplus information which is open for misuse, the Election Commission can instead put up the slip number of voter registration for the applicant to see if the voter registration is done or not done. After all this is the ultimate aim of putting up this entire information.
V R SHROFF
(Expert) 17 January 2012
now u ur self declared to the whole world!!
Election List is a Public Document.
Raj Kumar Makkad
(Expert) 18 January 2012
Your entire thinking in on wrong side. Why your information should not be public for your proper identification?
mahendrakumar
(Expert) 18 January 2012
such kind of plea for privacy cannot be acceptable in a civilised society.
one cannot have an unlimited freedom so as not to collide with the others.
Devajyoti Barman
(Expert) 18 January 2012
This is not a practical legal problem, rather the author wish to hone his legal skill.
V R SHROFF
(Expert) 18 January 2012
yes, seems hone his legal skill,
He is equally treated by elec comm. Where is injury??
Nadeem Qureshi
(Expert) 18 January 2012
Dear Querist
I agree with Ld Friends
Deepak Nair
(Expert) 18 January 2012
I too don't find any breach of privacy in the attached document. No private information is displayed. The contents are public information which are issued by a government authority.
I agree with the comments of the experts above.
Querist :
Anonymous
(Querist) 18 January 2012
@Adv. Shroff Sir the query is not disputing the fact that voter list is public document. The question is about the PUBLIC DISPLAY of personal information present within it. It is not a question of Article 14, the injury is breach of private information to the people who have no right over that information. The same information also lies with the state owned banks, income tax department and various organs of State. If it is public information will they provide this to anybody via RTI 2005 Act application or put it up for public display? I doubt.
@Adv. Makkad Sir voter list is not for identifying voters. It is the electors voter identity card or approved identifying documents that identify the voter which are issued by following the due process of law.
@adv. Mahendrakumar Sir nobody is asking for unlimited freedom. Please think deeply about the matter.
@Adv. Barman Sir I had a very good impression about you from reading your good legal replies and you have dissapointed me by giving a needless and irrelevant reply. Under no circumstances it was necessary for you to needlessly comment about unrelated matter to the query.
@Adv. Nair Sir the same information also lies with the state owned banks, income tax department and various organs of State. If it is public information will they provide this to anybody via RTI 2005 Act application or put it up for public display? I doubt.
The Supreme Court has held the right of privacy to be emnanting from Articles 19(1)(a), 19(1)(d), Article 21 both from Life and Liberty. Supreme Court accepted in Govind and in latter cases that the right to privacy deals with 'persons and not places', the documents or copies of documents of the customer which are in Bank, must continue to remain confidential visa vis the person, even if they are no longer at the customer's house and have been voluntarily sent to a Bank. Just think were is the compelling State interest in publicly revealing all this personal information by Election Commission?
Devajyoti Barman
(Expert) 18 January 2012
Instead of wasting time here show your concern by filing a PIL in Supreme Court or the High Court.
Querist :
Anonymous
(Querist) 18 January 2012
That I will surely do. Also raising a query cannot be said to be "wasting time", that is too harsh on LCI. What is the harm in taking opinion of experts with due respect, before filing PIL so that one can get an idea of what kind of opposing arguments may come? Hope you would read my reply in good and positive spirit.
Advocate. Arunagiri
(Expert) 18 January 2012
I suggest you not to go for PIL in this matter, The court may reject the PIL and may impose penalty.
It is my opinion, it is up to you, to take or not.
Raj Kumar Makkad
(Expert) 19 January 2012
Arunagiri! It is not good for us to stop such person to 'utilise' his energy in any direction.
Querist :
Anonymous
(Querist) 19 January 2012
Thank you Adv. Arunagiri Sir for your concern and I appreciate it. May be I will not go for a PIL, may be go for a writ instead. Whatever I will do only after proper homework and reasearch fortified with citations from Supreme Court judgements and consultation with like minded advocates so that penalty is not imposed. If advocates will not fight for the rights of people and allow the State to trample upon them, who will then fight for the rights of people?
Dr Anil Kumar Singh
(Expert) 19 January 2012
Dear one, you have been best guided by the experts. The voter list is a public document it must be published so that very one in the locality can see what voters have been listed to vote along with his address and parental information because it is moral duty of every citizen to see if fake persons are not being included in the list and that can only be done by the concerned list seen by local people who contest fake voting if your identity is not known to them. In your country hiding ones identity has no logic until and unless it is necessary in certain case.
Advocate. Arunagiri
(Expert) 19 January 2012
My suggestion is applicable only to this issue. I am not against PIL.
In this case, the election commission's data bank is available to all the Political Parties.
Under the circumstances, your data can not be kept confidential.
A similar PIL on Aadhaar Card is pending in Madras High Court. No stay was granted by the court.
Querist :
Anonymous
(Querist) 19 January 2012
Thank you for your inputs and points Adv. Anil Kr. Singh and Adv. Arunagiri. Your points are valid and noted. I am collecting all possible points. One opposite point is misuse of personal details in voters list by communal and casteist parties to do divisive politics in their constituencies. It has been done during 1984 in Delhi and 2003 in Gujarat when people believing in particular religion were located to be targeted for violence by distributing voters list.
Querist :
Anonymous
(Querist) 20 January 2012
In western countries blatant and open publication of voters list with personal details is not allowed for open public display.
If you read this http://www.richmond.ca/electionservices/voters/inspectlist.htm you will find the following:
"In order to protect personal privacy and security, an elector HAS A RIGHT to request that their personal information (name and/or address) be omitted from or obscured on the List of Registered Electors which is to be made available for public inspection."
If you read this http://www.voterlistsonline.com/version2/site/page.asp?page_id=home you will find the following:
"VoterListsOnline is a service for political campaigns, candidates, and consultants. Because the security of personal information is paramount, we must verify that you are requesting data for valid political use. If you are attempting to buy data for any other purpose you will not be approved, and we DO NOT allow you to search by individual name or address."
If you read this http://www.elections.ca/content.aspx?section=vot&dir=reg/des&document=index&lang=e you will find the following:
"Under the Privacy Act, you may request access to your personal information as held by Elections Canada. All personal information under the control of a government institution must be retained in a personal information bank that is registered with the federal government. National Register of Electors information is held in Personal Information Bank CEO PPU 037."
If you read this http://en.wikipedia.org/wiki/Electoral_roll you will find the following:
"Since 21 July 2004 the Australian electoral roll has not been sold in any format. It has not been produced in printed format since 1985, when it changed to publication on microfiche. Today it is only produced in an electronic format, and ONLY for viewing at an AEC office. Each office holds a copy of the electoral roll for the entire country.
These arrangements try to strike a balance between privacy of the voters and the publication of the roll, which is integral to the conduct of free and fair elections, enabling participants to verify the openness and accountability of the electoral process and object to the enrolment of any elector."
Hope I appear reasonable now and experts are able to see the point.
