Candid camera or creepy crew: What is 'breach of privacy'?

India Today

15-07-2025

Shraddha Kapoor's viral video sparks outrage. When does a harmless video turn into a full-blown privacy nosedive? Just because someone's in the skies doesn't mean their boundaries should disappear into thin air. Welcome aboard the not-so-friendly skies of secret filming.WHAT DOES BREACH OF PRIVACY MEAN IN LEGAL TERMS?Breach of privacy in India refers to any unauthorised interference with an individual's personal life, space, communications, or information without their explicit consent.advertisementThis includes actions such as secretly recording someone, sharing personal photos or messages without permission, or accessing private data like phone records, emails, or CCTV footage unlawfully.
Under Indian law, the right to privacy is recognised as a fundamental right under Article 21 of the Constitution (Right to Life and Personal Liberty), as affirmed by the Supreme Court in the Puttaswamy judgment (2017).SMILE YOU'RE IN A CABIN CAMERAHere's what happened, Shraddha Kapoor, Bollywood's doe-eyed darling, was flying through the clouds with her rumoured boyfriend Rahul Mody.But instead of being left in peace to sip her complimentary beverage, she was secretly filmed by a member of the cabin crew, who thought leaking a private moment was somehow part of the in-flight service.Raveena Tandon with a virtual chappal of justice, slammed the airline for breaching Shraddha's privacy. And rightly so. But let's unpack this, because whether you're a national heartthrob or just a sweaty commuter on the Delhi Metro, privacy isn't a privilege. It's a right.BREACHING PRIVACY MID-AIR: MORE TURBULENT THAN IT LOOKS?Here's a little nugget for the legally curious. The moment you board a flight, you're not in a surveillance jungle just because the clouds are watching. Airlines operate under strict rules, particularly under the Aircraft Rules, 1937 and Civil Aviation Requirements (CAR), Section 3, Series M, boring and binding stuff, but it's all true.A flight attendant is not allowed to secretly film passengers. Period. Even if the passenger is flipping their hair like it's a shampoo ad. This act can be interpreted under Section 66E of the IT Act, which criminalises the capture or transmission of images of a person's private area without consent, even more so if it's intrusive and shared digitally.Also, most airlines have internal conduct rules for crew members that explicitly prohibit using personal phones for such purposes. So yes, a breach of trust, policy, and possibly the law.AIR VS GROUND: IS PRIVACY ALTITUDE SENSITIVE?Short answer? Nope. Whether you're at 30,000 feet or walking your dog in a Park, your privacy remains your fundamental right. The Supreme Court in Justice K.S. Puttaswamy v. Union of India (2017) affirmed that privacy is a constitutional right under Article 21, the right to life and personal liberty.The context matters though. On-ground breaches are easier to pursue legally because:There are clearer jurisdictional boundaries.CCTV or public/private space distinctions are more defined.You can actually walk into a police station and file a report.advertisementIn the air? Trickier. You may need to file with the DGCA (Directorate General of Civil Aviation) or take it up with the airline's internal grievance redressal system before it escalates.SO CAN I NEVER TAKE A PICTURE AGAIN? IT'S ALL ABOUT THE CONSENTTaking a selfie with a celeb at a public event? Cool, if they nod or smile.Secretly recording someone (anyone!) in a personal moment without consent, on land, air, or Mars? That's a legal grenade.Let's make one thing clear. No consent? No camera.- EndsMust Watch