RIGHT TO PRIVACY AND DATA PROTECTION IN DIGITAL ERA
RIGHT TO PRIVACY
AND DATA PROTECTION IN DIGITAL ERA
WRITTEN BY-RAJNI YADAV
3RD
YEAR B.A. LL.B
DR.
D.Y. PATIL LAW COLLEGE, PUNE
EDITED BY-KASHAF
ALI
2nd
YEAR LL.B
CAREER
COLLEGE OF LAW, BHOPAL
INTRODUCTION
Today in the 21st century we all people live in digital
era. Due to this digital era human life is made so easy, we get everything on
our doorsteps in a few minutes, we get any information related to any country
or any part of India also, due to this digital era people are no longer to
stand in lengthy lines for their digital works. Due to this evolution in
internet we are seeing a new world where communication, sharing of news and
transparency are on better stage. But we see that if anything has its
advantages then it also have disadvantages too. Due to increase in technology
there is nothing private in our life style. All our information is available over
the internet.
Several issues are raised day by day in our daily lives like cyber
crimes, some private photos are leak on internet and also white collar crimes
are increasing day by day. Criminals collect data and then they misuse it or
blackmail the person to whom the data is related. Some people hack social media
accounts and spread unnatural posts that create an imbalance in society and in
some cases demand people to the friends whom the account is related. Before
times we hear so much news about WhatsApp’s privacy.
In today's era privacy is a key element of human life at all
times. As more data is digitized and more information is communicated online, more
importance is attached to data privacy. Data privacy refers to how to manage data
bases on its perceived significance. Data has to be regulated according to its
perceived significance as people have a lot at stake when it comes to the
privacy of their information.
United Nations Human Rights Chief Navi Pillay said that “modern
communications technology provides a powerful tool for democracy. It has also
contributed to a blurring of lines between the public and private sphere".
WHAT IS PRIVACY OF DATA?
Privacy is a fundamental human right that comes under article 21
of the Indian constitution. It ensures human respect and other qualities. For
example, an opportunity of affiliation and the right to speak freely of
discourse. It has become one of the most significant human privileges of the
present era. We are living in a period where we no need to longer remain in
extensive lines before banks for banking administration and in the wake of
putting an online request.
In recent times, a judgment was conveyed by Justice D.Y.
Chandrachud that overruled the standards developed in the Habeas Corpus case in
the instance of Justice K.S. Puttaswamy and ors. V. Association of India, which
developed as a landmark decision all the way through the entire existence of India
with respect to the status of Right to privacy.
Privacy is claimed against the state or non state actors.
Against state actors:- States are more
commonly using technology in the most innovative ways particularly considering
increasing global terrorist attacks as well as increased public safety
concerns. One such technique being adopted by states is profiling which
involves automated processing of personal data to evaluate certain personal
aspects relating to a natural person and such profiling can result in
discrimination based on the religion, caste and ethnicity. Sometimes this portraying
helps us in public security as well as national security.
Against non-state actors:- In this digital age,
individuals are constantly generating valuable data which can be used by non–state
actors to track their moves and decisions. Data is produced not merely by
active distribution of information, but also indifferently, with every click on
the internet. For example online shopping, online transactions, our travel
locations etc. So in the present scenario there is a need to for the protection
of such information which the users are not wanted to share.
PERSONAL DATA PROTECTION
BILL 2019
In July 2017, a committee of experts was set up to inspect various
issues related to data protection. A report was submitted by the ministry of
electronics and information technology along with a draft on personal data
protection bill in July 2018. After, this bill was introduced in Lok Sabha in
2019. The key purpose of this bill is to provide for protection of privacy of
individuals relating to their personal data and also establish a data
protection authority if India for the said purposes and the matters concerning
the personal data of an individual. The bill proposes to apply to the
processing of personal data that has been collected, shared or processed within
the territory of India.
ISSUE BETWEEN WHAT'SAPP
AND INDIAN GOVERNMENT
The new social media guidelines enacted by the Indian government
in may of 2021 oblige that What'sapp track the origin of communication if
needed by appropriate authorities. Instead of complying with the instructions,
WhatsApp has filed a lawsuit against the government alleging the new
restrictions violate Indian users’ right to privacy and urging the Supreme
Court to deem the intermediary requirements illegal. WhatsApp parent firm,
Facebook has disputed the dilution of its platform de- encryption on several occasions.
INFORMATION TECHNOLOGY
ACT,2021
The development in privacy law in India was introduced in 2021 in
information technology act. This law consists of a provision that requires
social media platforms, as and when required by the government, to locate the
people who spread hate speech, fake news and also indulge in illegal activities
like share girls private pictures and porn videos etc.
This provision could very much lead to a breach of privacy because
to find the originator of any content or message, the social media accounts
would also helps to trace the users. So, through an analysis of recent
developments in India, what can be seen is a focus on the protection of private
data of individuals and how it is used by private entities. On the other hand,
the government has comparatively more freedom with regards to how it can
collect and use an individual's data by citing reasons like national security
and maintaining and public order to justify the same.
HOW TO PROTECT DATA IN
DIGITAL ERA
Install security
software: Many hackers try to invade our devices by sending threats like
viruses. They want to access our personal information and use it to hack our
accounts and take away our money. By installing security Software, we can
protect our system from malware invasions. Efficient security software will
locate vulnerabilities and prevent them from impacting our system by removing
them instantly.
Block maladvertisements:
Clicks scans are usually carried out with the help of ads that
appear on our devices screen. They trick us into clicking on the ad, entering
our personal information and buying products that never reach us. Ad blockers
help in stopping the ads from displaying on our screen.
Clean our system: - A PC cleaner can help us
to detect and eliminate unused, unnecessary files, apps or extensions installed
in our system. It will save more space and provide speed to our devices for
more critical data.
Avoid
webcam Access:- Confecting is an internet
threat in which hackers try to record our data by accessing our device. It is
not a widely used scam, but hackers are trying to invade our system through
this method. To keep you safe from webcam spam, especially if we are working
remotely, we can install antivirus software. And also turning off our devices
when we are not using them.
Control our online Content:- Many parents complain about internet content and are concerned for their children. This concern can be dealt with by introducing parental control on their device that gives them the freedom to control the data that appear online.
Safe online
Banking:- The
pandemic has made people to use online mode for everything like paying Bill’s,
shopping, and transferring money to someone. We can safe ourselves by using
these following precautions -
1. Avoid
submitting any personal or financial information when using public WiFi.
2. Use
strong and different passwords to operate our accounts. Don't forget to update
the passwords regularly.
3. Check
the accounts regularly to track the transactions.
4. Install
and Update our antivirus software to
keep our system free of any unknown malware.
CONCLUSION
There
are no extensive laws governing the handling of private data that are not
private data or information that is very sensitive data. Personal information
protection is inextricably related to privacy that is every person's right to
enjoy his life and freedom without arbitrary interference with his private
life.
In
contrast to the public, the term private just be grasped. Therefore, in the
current obtrusive era of information technology, the right to be let alone and
its security is highly essential. Since there is no single law that governs
data protection in India comprehensively, it is necessary to derive the legal
clauses regulating the same from multiple legislative.
REFERENCES
https://www.srijan.net/resources/blog/data-security-in-the-digital-world
https://www.thehindu.com/opinion/op-ed/the-right-to-privacy-in-the-digital-age/article5563151.ece
https://www.nytimes.com/guides/privacy-project/how-to-protect-your-digital-privacy
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