DNA Profiling antithetical to right to privacy.
INTRODUCTION
The ambit of privacy can get to the extent of your saliva, spit or anything from which your DNA can be traced down. These mentioned things are unintentionally thrown by us and definitely abandoned by us without having any idea of its further use. This unintentional act of ours might take us behind the bars or might make us the part of the criminal investigation.
The research project deals with what actually constitute privacy and what is its relation with the DNA Profiling. The DNA Profiling has been emerged as the means of fair trial and means to foster justice. The establishment of DNA Database had helped the government of various countries to solve
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Any kind of intrusion upon someone’s or someone’s property can be termed as infringement of privacy. So leaving someone alone ensures his privacy. One cannot be outcaste or seclude himself from society to enjoy privacy. So privacy should be enjoyed living in the society itself. Any intrusion in one’s private domain can be termed as violation of privacy.
Another aspect which has now become the part of the privacy is the selective disclosure of the personal information. In today’s world where we accept terms and conditions before downloading any app, before signing up any account and also put our pin numbers for the online payment, it raises the assumption that we have given our consent for the use of our personal information. Now one might wonder in the light of today’s situation that we are actually giving our consent to violate our own privacy. But the consent given by us have the restriction and in this respect A F Wistein had defined privacy as : Privacy is the claim of individuals, groups or institutions to determine for themselves when, how and to what extent information about them is communicated to
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The definition given clearly depicts the illegitimate use upon one’s privacy rather drawing clear outline of the domain of the right.
So the emergence of right to privacy depends upon some basic right for the security of which privacy as a right must be enjoyed by the person. It is because privacy is involved in securing, attaining, enjoying other goods, respecting other, more basic rights, and hence, that in so far as there is a right to privacy, it is a derivative right , derived from concern for other values and rights, a conditional right , one that not simply may be overridden but one that ceases to be any sort of right at all, when respect for privacy is not dictated by concern for these other values and