Why Ratan Tata is wrong about privacy: Part I – background, facts, and issues

[Abstract] The Supreme Court of India will soon deliver its judgment in the case of Ratan Tata v. Union of India that examines important issues of free speech and privacy. The case deals with the interception of telephone conversations over several years, the ‘leak’ of those confidential telephone conversations to reveal large-scale impropriety and corroboratory evidence of wholesale corruption, and the publishing of such information by the press. In these series of posts, I will examine: (a) the free speech right of the press to publish confidential information in the larger public interest; (b) the right of the public to know of corrupt and illegal activities versus the duty of confidentiality and official secrecy; and, (c) the breach of the statutory or tortious duty of confidentiality in respect of taped conversations. This first post looks at the background, facts of the case, and legal issues.