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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.
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...
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 Trendy Research in Engineering and Technology, 2022
In today era the pace of technology development is expanding day by day. the people have turned completely dependent on the internet. It has become a necessity in people's life. The netizens have threatened their privacy in cyberspace. With the increasing use of internet, citizens privacy is being exploited. This concern is felt more in the case of youth and teenagers who constitute maturity of the internet addicts and are susceptible in understanding the threat of exposing themselves to the cyber world. crime is rapidly increasing against women is in all field of cybercrime The issue of 'internet privacy' has been increased by social networking sites, which are increasingly used for social interactions between individuals through uploading personal content. When a person's privacy is violated through internet, there are a number of questions arises, as what constitutes a violation. Who is responsible for this? And what is the remedy for this crime? One of the most important fundamental human rights is the right to privacy. In addition, courts in India have recognized it as a fundamental right, despite the fact that it is not stated in the Indian Constitution. There are laws that ensure the right to privacy is protected. As IT act 2000 has been existence for 21 years the cybercrimes are rising day by day and enforcement of law faces many challenges as a result of existing lacunae in this act. Many provisions regarding the cyberlaw are absent in this act. The present research paper includes various Indian laws which are for the protection of cybercrime, and how right to privacy can be protected and various remedies to counter the increasing cybercrime against women, children and suggestion can be given to improve present situation.
Facta Universitatis Series Law and Politics, 2015
In today's cut-throat competition life, everybody is concerned about one's own privacy. Due to the inculcation of technology in daily life, privacy factor is an increasingly important issue of significant concern for the human being. This paper is an attempt to make a comparative analysis of the cyber law relating to the privacy issue and also to study the applicable law and steps taken by the two countries: one already developed (United States of America) and one of the fastest developing countries (India).
SSRN Electronic Journal, 2009
The term "privacy" is used frequently in ordinary language as well as in philosophical, political and legal discussions, yet there is no single definition or analysis or meaning of the term. The concept of privacy has broad historical roots in sociological and anthropological discussions about how extensively it is valued and preserved in various cultures. Moreover, the concept has historical origins in well known philosophical discussions, most notably Aristotle's distinction between the public sphere of political activity and the private sphere associated with family and domestic life. Yet historical use of the term is not uniform, and there remains confusion over the meaning, value and scope of the concept of privacy. 7 1.1 CONCEPTUALIZING PRIVACY The term "privacy" is used frequently in ordinary language as well as in philosophical, political and legal discussions, yet there is no single definition or analysis or meaning of the term. Currently, privacy is a sweeping concept, encompassing (among other things) freedom of thought, control over one's body, solitude in one's home, control over information about oneself, freedom from surveillance, protection of one's reputation, and protection from searches and interrogations. Time and again philosophers, legal theorists, and jurists have lamented the great difficulty in reaching a satisfying conception of privacy. Arthur Miller has declared that privacy is "difficult to define because it is exasperatingly vague and evanescent." 8 According to Julie
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.
Fast growing internet has its own advantages as well as disadvantages. The increasing use of information technology facilitate common people to get information, store information, share information etc. Internet provides great facilities to society but same time it present opportunities for crime also. Credit card frauds, spams, defamation or hate expression on the social networking sites and piracies are some of disadvantages due to illegal activities on internet. Cyber Law has emerged due to proliferation of misuse of the computer and internet in the cyber space. The content of this article is intended to provide a general guide to the subject matter. In present paper there is brief discussion about cyber law and cyber crime and legal provisions to overcome cyber crimes and penalty there for.
AIMS/ACCRABESPOKE, 2023
This study aims on Right to Privacy on the Internet. The paper will unfold as follows. Influences on consumer privacy online, online consumer tracking; that is when online scenarios meet privacy expectations or complied with a privacy notice, and the importance of privacy notices in managing privacy online. This paper will also highlight consumer online privacy specifying ''the youth, parents, and online privacy' 'and the regulations in place to shape such policies. Will also unfold privacy in the digital age or the internet. This paper will again unfold UN general assembly on the right to privacy on the internet. The paper unfolds the potential consequences of revealing certain information online and analyzes if there are any differences between the motivations and attitudes of young people. Will again highlight on National Security Agency (NSA) surveillance which demands that Internet carriers be more forthcoming about their handling of personal information which must be intensified. Responding to this concern, this report evaluates the data privacy transparency of forty-three Internet carriers serving the public. This paper is to investigate the relationship between individual and societal determinants of online privacy concern (OPC) and behavioral intention of internet users. The study also aims to assess the degree of reciprocity between consumers' perceived benefits of using the internet and their OPC in the context of their decision-making process in the online environment.
Association for Progressive Communications (Ed.). Unshackling Expression: A Study on Laws Criminalising Expression Online in Asia. No place: Association for Progressive Communications., 2017
While the internet has often been hailed for its empowering impact on people’s ability to express themselves, this potential can by no means be taken for granted. In India, as elsewhere, freedom of expression online is restricted in a number of ways. Focusing in particular on the criminalisation of freedom of expression but examining other barriers in law and policy as well, this report seeks to outline when and how laws in India are used to curtail the right to freedom of expression on the internet in ways that are overly broad. The report consists of seven sections. Following this introduction, we will briefly discuss the methodology we have followed in researching and writing this report. For those not familiar with the Indian legal landscape, we will then describe the different types of law that affect the right to free speech and expression on the internet in India. Section four is the heart of this report and examines in detail the laws, policies and case laws that criminalise freedom of expression on the internet in India in ways that are overly broad. In section five, we analyse a number of other important threats to free speech online that further constitute the context in which the criminalisation of freedom of expression on the internet in India has to be understood – from government-mandated content restrictions to mass surveillance. Finally, we briefly highlight draft laws and policies which we believe give cause for concern over future violations of the right to freedom of speech and expression. We conclude the report with a summary and our conclusions.
Right to privacy has been considered as a fundamental right under the garb of Article 21 of the Constitution of India. India has also enacted the Right to Information Act to ensure the delivery of information of public affairs. It is also evident that Media often interfere in the privacy of individuals in order to gather the news. Privacy of an individual is on stake. Present Paper analyses the concept of privacy in present digital age, where privacy can be invade in many ways. Privacy is protected by Information Technology Act in Cyber world, but invasion by media in life of an individual is more or less governed by the morality. In this situation researcher tried to analyse the need of a comprehensive legislation on Right to privacy in India Last year Ratan Tata1 filed a writ petition before the Supreme Court of India alleging that the unauthorised publication of his private conversations with Nira Radia2 was in violation of his right to privacy. The writ, filed by the industrialist, did not challenge the action of the Directorate-General of Income Tax to record the private conversations for the purpose of investigations. Instead, it was challenging the publication of the private conversations that took place between the industrialist and Nira Radia by the media. Whether the publication of those private conversations was in the interest of the public has been widely debated. What the Tata episode brought into focus was the need for a law protecting the right to privacy in India. Right to Privacy, though is an important right but unfortunately could not take place in the statutes, though the court through judicial pronouncement placed it as an important right. Right to privacy found place in the Universal declaration of human rights. Article 12 of the Universal Declaration of Human Rights (1948) refers to privacy and it states: 1 Head of Tata Groups of Companies 2 The Radia Tapes' controversy concerns recording of conversations between the lobbyist Nira Radia and politicians, industrialists, bureaucrats and journalists with respect to the 2G spectrum scam. The tapes were recorded by the Income Tax Department. The role played by the media, especially some prominent journalists, in scam has been questioned. A handful of magazines and newspapers have questioned the media ethics employed by these journalists, whose recorded conversations are in the public domain or have been published by a few political magazines. The publication of the recorded conversations by a few media publications has received a sharp reaction from the said journalists. They have accused those media journals of unverified reporting and conducting a smear campaign against them.
The advancement of the technology and the dynamism of legal world provides outlook of privacy and data protection issues in this recent era. Privacy is something that is not to interfere to the interest of others. Privacy is became a concern of every individual due to technological advancement and it also emphasizes narrowly for protection of data. Data protection emphasis individual liberty and these individual's liberty is under threat by the interference of the stranger. The activity of the stranger to the individual's activity by any means is required to halt. The basic legal requirement of any new phenomenon can be validate through the constitution. The constitution of India has given more emphasis on right rather than duty. For giving emphasis data protection, it consider as a right based approach. As India is developing state, it need some time for the effectiveness or implementation of the new area of law. The data protection issue mainly attracted by these areas which are Right to Privacy, Right to Information, Information Technology, Indian penal Code, National Security, Intellectual property, Corporate Affairs, Consumer etc. The objectives of the research work is to examine the present legal status of privacy and data protection in India as a matter of right. The constitutionality of privacy & data protection has given so much of importance in these recent days. For the reason it is required to provide a special status in the legal framework. The efficacy of present legal framework is need to analyze to give a sophisticated protection of the privacy issues. It explore the nature of right has been get affect to an individual by encroachment of data protection in relation with other law. The idea to put forward this theme is to associate the idea of India with other countries.
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.
(2008) 5(3) SCRIPTED 553
The famous saying that "Your freedom ends where my nose begins" 1 may, in the electronic era, be transformed to mean "Your freedom ends where my 'Network' begins". The progression into an e-literate society in which the electronic medium is used to transact all forms of business -including government (e-governance) -has greatly increased the need to protect the privacy of the individual from invasions not only by the State, but also from others who seek to profit from such intrusions. This paper probes into the latest trends in modern technology and analyses the existing legal framework in Sri Lanka and India in support of the argument that the right to privacy must be guarded as a constitutional right.
Infokara Research, 2019
This research paper is an attempt to reflect the concept of judgments on the right to privacy in India. The Supreme Court has propounded that in order to tend a right as a fundamental right it is not necessary that it should be expressly stated in the constitution as a fundamental right. Right to Privacy is one amongst such right which has emanated after widening up the area of Article 21. Nonetheless, such a right has been guaranteed by the Supreme Court under Article 21 and several other provisions of the constitution read with the Directive Principles of State Policy. The researcher has discussed various judgments on the right to privacy.
Journal on Contemporary Issues of Law, 2022
A report of National Crime Records Bureau (NCRB) in 2018, revealed that at least one stalking case is registered in every fifty-five minutes in India. Although this rampant cyber development brings an open sky to acquire knowledge but it also creates a golden opportunity for offenders to abuse cyber technology. Beside increasing number of internet users, the crime of stalking also has been amplified in the cyber world and became known as ‘cyberstalking’ or ‘e-stalking’ or ‘online stalking’. Incidentally, various software apps like stalkware, spyware etc. are now easily available to abuse the technology and conduct hidden surveillance without one’s consent. Notably, a recent study has found that offence of cyberstalking has been raised rapidly during the lockdown period for Covid-19 pandemic in 2020. Eventually, this paper aims to understand the conceptual development of cyberstalking with a concern over the right to privacy; to find out its proximity with cyberbullying; to highlight existing legal protection against the crime of cyberstalking in foreign nations; and to analyze Indian legal apparatus to combat cyberstalking with taking cue from developed countries.
The Internet of Everything
Nowadays, social media has become an important part of life. People across the world use social media for random purposes. They post their accomplishments, achievements, vacation photos and others on the social media. However, they do not often realize that they are attracting very serious incidents that can occur due to their posts. Online privacy is one of the crucial points to safeguard our personal information. However, protecting privacy in online social networks (OSNs) is challenging as OSNs follow the strategy "Take it or Leave it." Users need to provide information asked by the service providers in order to use the OSNs that may lead to compromise the users' data privacy. To provide privacy-aware OSNs it is important to know user's awareness about privacy. To achieve this, survey is conducted and from analysis of survey the user's awareness and requirements of privacy-aware mechanism is presented in this chapter. Survey analysis shows that users of OSNs required to have trusted third party to manage their preferences and attributes to protect their privacy. Furthermore, user required new privacy law in Indian context and they need to hide their identity on OSNs.
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.
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.
Relocating Contemporary Politics: Issues and Challenges, 2019
We are living in the age of Fourth Industrial Revolution that marks the beginning of the 'Information Society' where 'Data' is the 'New Oil'. We are surrounded by innumerable digital gadgets and state-of-the art communication systems leading to the generation of gigantic amount of data. The information society brings about change at the most fundamental level of society by initiating a new mode of production-labour and capital; the central variables of the industrial society get replaced by information and knowledge. India, along with the rest of the world, has witnessed a plethora of significant developments pertaining to rapid technological adaption leading to an outbreak of privacy issues in the contemporary times. Against this backdrop, there should be a critical academic scrutiny of the existing privacy discourses to appreciate the future of the notion of right-bearing individual claiming privacy.
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