PRIVACY AND DATA PROTECTION LAWS IN INDIA: A RIGHT- BASED ANALYSIS

Fiat Justisia: Jurnal Ilmu Hukum

Right to privacy is nowhere cited in the Constitution of India in any specific and express words. However, this right is culled from Article 21 read with Directive Principle of State Policy by the judiciary. It is to be noted that like other fundamental rights, right to privacy is not an absolute right. Privacy is not just confined to some specific place or domain. But recent developments in technology and internet usage has rapidly exposed privacy to potential threats. On the one hand, technology has provided endless possibility to human beings of development but on the other hand, it has posed numerous challenges in front of us. Unreasonable interference upon person’s domain, disclosure of personal information, misappropriation of some one’s identity, hacking, digital stalking etc. will lead to violation of privacy. The present paper discusses the relationship between privacy and the increasing usage of technology. In this regard, protection provided by Indian laws as well as in...

International Journal of Liability and Scientific Enquiry, 2012

Article 21 of the Indian Constitution states: "no person shall be deprived of his life or personal liberty except according to procedure established by law". The objective of this fundamental right is to prevent encroachment upon personal liberty and deprivation of life except according to procedure established by law. Although 'protection of right to privacy, property and data' is not specified in the article, the Supreme Court of India interprets and includes it under 'personal liberty'. The IT Act of 2000 was introduced to enact growth of electronic based transactions, to provide legal recognition for e-commerce and e-transactions, to facilitate e-governance, to prevent computer based crimes and ensure security practices and procedures in the use of information technology globally. Yet, India has become technologically neutral due to adoption of electronic signatures as a legally valid mode of executing signatures. The article discusses the increased significance of electronic and digital media, including requirements on copyright owners to pay greater attention to electronic and digital rights issues. In comparison to laws of developed nations, since India's laws require that data be defined based on utility and importance, the article recommends changes to rules related to data extraction, protection and destruction, as well as business safeguard policies and maintenance of compliance obligations.

SATRAACHEE, 2022

This article explores the right to privacy pinned as fundamental rights under the constitution India. Within this constitutional framework, the right to privacy has emerged as a cornerstone, drawing support and legitimacy from several interconnected fundamental rights. This analysis explores the fundamental rights that underpin the right to privacy. This research highlights the implications of privacy as a fundamental right in various contexts, including data protection, surveillance practices, and individual autonomy.

INTEGRITY EDUCATION INDIA, 2024

The incredible advances of the digital age have completely changed our lives, from the way we communicate and work to the way we shop and learn. However, as our reliance on technology grows, so does the necessity to protect the private data that passes through our digital ecosystems. Our connected society has become dependent on data more and more, yet this rising reliance raises serious questions about security, privacy, and the moral use of information. With an emphasis on Indian legal frameworks, this book offers a thorough grasp of data protection and privacy regulations. It also makes general comparisons with laws from other countries. India is blazing its own trail in the global regulatory landscape by enacting unique laws targeted at protecting personal information. India’s dedication to resolving privacy in a society that is becoming more and more digital is reflected in the Personal Data Protection Bill and new legal frameworks. Notwithstanding, the legal terrain persists in its complexity, posing a multitude of obstacles for individuals, corporations, and policymakers to attain compliance, mitigate risks, and preserve privacy rights. International laws that set the bar for privacy standards globally, like the California Consumer Privacy Act (CCPA) in the US and the General Data Protection Regulation (GDPR) in Europe, emphasize the importance of data protection. In light of this, India’s regulatory strategy is changing, making it essential to comprehend how national laws relate to and deviate from international standards. For stakeholders in various industries, navigating this complex web of international, national, and regional rules is essential. In this book, we not only examine the legislative foundations for privacy and data protection in India, but we also look at the real world applications for businesses, governments, and private citizens. Comprehensive analyses are conducted on important ideas such data ownership, consent management, cybersecurity protocols, cross border data transfers, and data subjects’ rights. We also talk about how ethics, technology, and law interact, highlighting the problems that come up when innovation takes precedence over regulation. This book, written by Amaresh Patel and Dr. Radha Ranjan and published by Into Legal World, is intended for legal professionals, compliance officials, company executives, and anybody else with an interest in learning about privacy and data protection in the Indian setting. Our objective is to provide understandable and helpful information while placing India’s developing legal system inside a larger international context. Our goal is to give readers the skills and information they need to succeed in this ever-changing industry while also helping them understand the importance of privacy in the digital era. It is critical to acknowledge the responsibility that comes with safeguarding personal data as India embraces new technological breakthroughs and takes on new problems. This book is a step in realizing that obligation and making a positive impact in creating a more courteous, safe, and secure digital world where people’s right to privacy are respected.

FIAT JUSTISIA , 2023

The right to privacy is not explicitly mentioned in the Constitution of India. However, it has been inferred by the judiciary from Article 21 in conjunction with the Directive Principles of State Policy. Like other fundamental rights, the right to privacy is not absolute. It encompasses a broad spectrum beyond specific places or domains. Recent advancements in technology and the proliferation of internet usage have significantly heightened the risks to privacy. While technology has opened new avenues for human development, it has also introduced numerous challenges, including unreasonable intrusions into personal domains, unauthorized disclosure of personal information, identity theft, hacking, and digital stalking, all of which can infringe upon privacy rights. This paper explores the intricate relationship between privacy and the growing reliance on technology. It will examine the protections offered by Indian laws and international frameworks to safeguard privacy rights in the digital age. After analyzing the associated issues and challenges, the paper will propose viable solutions to address these concerns effectively.

2012

Privacy as a right has genesis in the technology of printing and photography. This technology was viewed as impinging confidentiality of individual. Privacy right has been expanded over the years to enfold its other aspects and has been made actionable against an individual under law of Torts and redress-able against State under Constitutional Law for violating autonomy of an individual. Digital Technology has privacy issues. These issues cannot be addressed by applying traditional principles. Furthermore, Information Technology Act (IT Act) in India has been amended in the year 2008 which has given enormous powers to the Centre and State Governments to invade privacy. This paper makes an attempt to raise privacy issues pertinent to cyberspace, examines Indian judicial approach to constitutional right to privacy and evaluates technological approach to privacy.

INTERNATIONAL JOURNAL OF LAW AND POLICY REVIEW, 2018

Privacy has been a sensitive question lurking over the head of Indian administrators who have been equally reluctant and ignorant about answering the same. The advent of Aadhaar Act in 2016 and Government's mandate of linking Aadhaar with PAN had mooted up the issue of Privacy once again. Article 21 of the Constitution provides privacy to the citizens but only to a limited extent, which was put to question in several instances. The entire nation anticipates the decision of the Aadhaar Case. The judgment in the case of Justice Puttaswamy famously known as the Privacy Case finally arrived on 24th August 2017, which will directly impact several cases of Aadhaar pending before the Supreme court. Meanwhile, the Legislators have kept a blind eye to the long awaited Privacy Protection Bill of 2011. While concern over Individuals Privacy continued to vacillate until recently, the judgment has clarified situations to a large extent. Other sectors such as banking and welfare have brought forth their own rules to regulate Privacy concern. The article discusses the present legal situation of Privacy under various legislations, the impact of recent privacy judgment in India and analyses whether the current regulations created by various authorities such as SEBI, RBI, IRDAI have something substantial to offer or are just there to mellow down the daunting public.

SSRN Electronic Journal, 2016

Over the last decade, there have been vast improvements in surveillance technology and the availability, storage, and mining of personal information online, supported by developments in big data analytics. This has created a public policy conundrum over balancing the benefits of big data with the threat to the right to privacy. In an environment of pervasive surveillance and intrusive technology, there is a need for improved protection of privacy rights through a mixture of legislation and regulation, and building public awareness and demand for safeguards. This paper makes a case for the need for privacy from both the State and the private sector, examines the jurisprudential development of the right to privacy in India, and lays down privacy principles, that will underlie any proposed privacy law. It then evaluates the Indian IT Act, and the recently legislated Aadhaar Act, against the proposed privacy principles.

The 'netizens' in present scenario, are dangerously exposed to the risk of privacy infringement in cyberspace. With the growing use of internet by the citizens of the country, the risk of their being exploited and victimized by infringing their privacy over internet is increasing day by day. This concern is felt more in the case of youth and teenagers who constitute majority of the internet users and are susceptible in understanding the risk of exposing themselves to the cyber world.

The Supreme Court's Judgment of August 2017 is indeed a landmark in the realm of fundamental rights jurisprudence in India. The Court unanimously declared that the right to privacy is a fundamental right and recognised informational privacy as one ofits facets. The right to informational privacy requires that an individual is able to affirmatively control her life and personality by controlling her personal information. This implies that the law must guarantee an individual the ability to exercise control over the collection, use anddisclosure of her personal information. In the digital age this right assumes enormous significance as the people are sharing huge volumes of personal information to access digitised services. In the present times, both State and non-State actors alike have access to a citizen's personal data and activities- such as biometric information, internet-use patterns, geometric information, financial information. All this huge data is out there, without a law securing their integrity and protecting the data subject against harm. As the Supreme Court noted, this must be achieved by enacting an effective data protection law for India. Undoubtedly, a comprehensive law on data protection to safeguard an individual's right to privacy is imperative. On July 31, the central government set-up a five member committee chaired by former Supreme Court Judge, Justice (retd.) B.N. Srikrishna, to draw up a draft Data Protection Bill. One of the primary guiding factors for the committee would be the exhaustive report submitted in October 2012 by a group of experts on privacy led by former Delhi High Court Chief Justice A.P. Shah, which was constituted by the erstwhile Planning Commission. Both the government and the Court have agreed that this would be the "conceptual foundation for protecting privacy" in the form of the new Data Protection Bill. In the last few months we have read a lot about Aadhar data leak, hacking in Banks and other financial institutions. We are aware also that nearly all the social networking sites have their headquarters in U.S.A. and they are controlling the whole data available on their sites. Further in India also, the maintenance and upkeep of data is in pathetic shape which reminds us of colonial legacy. All these factors poses an important and disturbing question- whether we need a strong Data Protection Law only? Any such Law however strong and comprehensive it might be, cannot account for human element in the upkeep and security aspect of data protection. We badly need a modern and scientific infrastructure for upkeep of data and highly trained staff for the job. We also have to develop appropriate technology for indigenous social networking sites so that our data remains at our hands in our country itself. Lastly, in this age of Artificial Intelligence, we can also think of taking recourse to it in the maintenance and upkeep of the huge data. Only then, the law will prove to be effective in protecting our data and our privacy too. Keywords: Right to Privacy, Informational Privacy, Committee on Data Protection Bill, Data Protection Law.