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New Delhi : The Government of India ( GoI) recognises that ‘Right to Privacy’ is a Fundamental right and is committed to ensure the same to its citizens. On this issue, Union Communication Minister Ravi Shankar Prasad on May 26, 2021, stated, “ The Government of India is committed to ensure the Right of Privacy to all its citizens but at the same time it is also the responsibility of the government to maintain law and order and ensure national security.”
Prasad also said, “ None of the measures proposed by India will impact the normal functioning of WhatsApp in any manner whatsoever and for the common users, there will be no impact.” The Government Respects the Right of Privacy and Has No Intention to Violate it When WhatsApp is Required to Disclose the Origin of a particular Message.
As per all established judicial dictum, no Fundamental Right, including the Right to Privacy, is absolute and it is subject to reasonable restrictions. The requirements in the Intermediary Guidelines pertaining to the first originator of information are an example of such a reasonable restriction, Prasad said, according to a PIB release.
As per the Intermediary Guidelines, the originator of information can only be traced in a scenario where other remedies have proven to be ineffective making the same a last resort measure. Moreover, such information can only be sought as per a process sanctioned by the law thereby incorporating sufficient legal safeguards.