Single-judge Justice Jasmeet Singh said that the right to privacy guaranteed under Article 21 of the Constitution demands that phone calls cannot be recorded without consent.
“I am prima facie of the view that tapping phone lines or recording calls without consent is a breach of privacy. The right to privacy enshrined under Article 21 of the Constitution demands that phone calls not be recorded. Only with consent of the individuals concerned, can such activity be carried out otherwise it will amount to breach of the fundamental right to privacy,” the Court said.
Justice Singh cited the Supreme Court’s judgement in KS Puttaswamy v Union Of India to say that right to privacy is inalienable and attached to every individual as a precondition for being able to exercise their freedom.
“The facets of privacy include right of non-interference with the individual body, protection of personal information and autonomy over personal choices,” the Court held.
Source: Barandbench
