Cybercrime And Privacy Framework In Accordance with Human Rights

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www.aihra.org


Cybercrime And Privacy Framework In 

Accordance with Human Rights


Written and edited by: YASH JAIN
 5th Year B.B.A.LL.B. (Hons.)
 Amity Law School, Noida








Cyberlaw is all of the rules and regulations that help protect against cybercrime, including networking, software development, data storage devices, access to Internet, web sites, e-mail, automated teller machines, etc.

In illegal actions, as when a computer is being used as a tool for the violation of the clause that is dependent on cybercrime in the appearance, such as the ones mentioned above, such actions may be considered as a cybercrime. Computer crime a threat to people and structures, as well as the economic security of information in the country. On a global scale, nation-States, and non-state entities to engage in crimes that cross borders. Crimes, such as fraud, cyber-terrorism, cyber extortion, and cyber-sex trafficking in human beings are to be made all over the world, and so it went on.

It is primarily concerned with:

  1. Ø  Intellectual property rights
  2. Ø  Data protection and privacy
  3. Ø  Electronic or digital signatures


International Statues for Cyberlaws


           The international covenant on Civil and Political Rights (ICCPR)

The Council of Europe had a different convention, the Convention for the Protection of the Basic Human Freedoms since it felt the need to add on to the existing agreements with the fundamental aspects of the protection of human rights. Later on, the UN International covenant on Civil and 
Political Rights and other international human rights treaties have been adopted. The Treaty is required in the best interest of the protection of human rights and the implementation of appropriate procedures, as well as a law on the disposal of the stored data. It goes without saying that the freedom to have an opinion and express it. This right also includes the search for, and receive, or to send you information and ideas in any shape or form.

          The Budapest Convention

The Council of Europe has been the entry into force of the treaties, i.e., the Budapest Convention on the fight against cybercrime, in order to provide solutions to any problems that may arise in connection with the development of the digital platform. This treaty is the international agreement.

The structure of the cyber law, human rights perspective

The Information Technology Act, 2000 was enacted and amended in 2008, and was based on the model of the United Nations Commission on International Trade Law (UNCITRAL). The Information Technology Act, defines crimes, and the penalties for the various classifications of the world, and so are cyber rights act as a defense against cybercrime. In addition to the aforementioned Law, the Government is developing a National cyber security, Policy.

For the protection of human rights and cyberspace,

In the new era of the digital world, human rights are being violated openly and on a large scale. Article 19 of the Universal Declaration of the Rights of Man (UDHR) is a device for the information society, which states that everyone needs to have access to the benefits of the information society.

The United Nations Commission on Human Rights (UNHCR), in a general comment, said that the freedom of expression and information are set out in the international covenant on Civil and Political Rights, also need to be able to send, receive, and transmit information, thoughts and ideas over the Internet (cyberspace).

Freedom of speech and expression, and cyberspace

New opportunities are opening up for people on the Internet, where they will be able to make use of their right to freedom of opinion and expression in all over the world, quickly and easily, in 
comparison with other platforms. Create more opportunities for people to exercise their rights, the rights of man and of the economic, social, and political development.

The restrictions on the freedom of opinion and expression, in the cases of, 

  1.   Any reasonable claim, or the law.
  2.   The mandatory limit for national security, and the moral purposes.
  3.   Social morality.
  4.   Your reputation will suffer, and so on

 


Internet censorship 

The Indian media has reported on many of the problems associated with the misuse of the Internet in different ways, and how it is used, and the protection of human rights. Internet censorship includes a prohibition against child pornography, and the removal of defamatory or hateful content on social media platforms, on the right, and the control of all of the issues of bullying, discrimination, and sexual harassment in the wild, such as bullying, cybersexism, or sexual harassment, cybergomophobia, etc., etc.


India's position on the Law on Protection of personal data 


Privacy

The main purpose of the Law on Protection of personal data is to maintain a balance between a person's rights to privacy and the interests of the data collector. Privacy is a fundamental human right as stated in many international human rights instruments. The main idea is to improve the protection of human dignity, which is the freedom of expression and information.

 

National privacy law

The Indian Constitution does not specifically mention the right to privacy, the Supreme Court has interpreted the right to privacy under article 21, i.e., the right to life and liberty, with the expansion of the range.

 

Case of  K.S Puttaswamy v. Union of India 2015

In this case, the interpretation of the right to privacy has been questioned, and in 2017, it was stated, that one's privacy is a fundamental element of the human dignity of the Constitution and not to any institution or body may be able to influence it, unless it is provided for by law.

 

In the case of Maneka Gandhi v. The union of India, 1975

In this case, we are talking about a “reasonable restriction”, the law may restrict the right to privacy, but it needs to be fairly and accurately in accordance with article 19, paragraph 2, of the Constitution.

Data Protection

The Protection of your data (in the scope of the application in India in our digital era, privacy policy applies to all personal information that includes YOUR Aadhar records, medical records, etc., etc. There is no law in India that is dealing with the same level of data protection and privacy rights. Section 43A of the Act, since the year 2000, a number of the "privacy Policy").

There are relevant laws, such as the Information Technology Act, 2000 and the Indian Treaties, acts of 1872. India is currently working on a framework of data protection law, you have a group of experts are already working on it, and some of the privacy laws may be affected by the General data protection Regulation (GDPR), which have been made in Europe to protect the digital account.

 


Conclusion

At present, there are a variety of new ways for people to get to work, and that their rights are being violated, all development of the society. A new interpretation of the rights of man are introduced for new generations on the basis of the needs and demands of the society. In the virtual world, the Internet has no boundaries, and it is used internationally.

Modern problems and modern solutions"- this is the new trend on the Internet, everything is going digital, and with the ever-increasing development, India needs to introduce new rules and regulations for the protection of the interests of society and of the protection of human rights. Just as in the case of Microsoft, it is the law for the protection of personal data has been updated and changed. Also, India will have to comply with the data protection legislation, and this is because there will always be another attack on the rights of the human being in the wild.

References

·        https://www.un.org/en/sections/universal-declaration/foundation-international-human-rights-law/index.html

·        https://www.ohchr.org/en/aboutus/pages/developmentintheeconomicsphere.aspx

·        https://www.hrw.org/world-report/2019/country-chapters/united-states

·        https://www.un.org/development/desa/disabilities/issues/relationship-between-development-and-human-rights.html



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