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Data Privacy: Protection In India And Other Countries

The current state of cyberspace is one of extraordinary change and upheaval. Technology is developing at a breakneck pace; newer innovations and improvements appear before the ones that are already in use have a chance to settle and stabilise.

The web demonstrated due to a lack of strict legislation, to be a useful battlefield for cyberattacks and psychological warfare by both state and non-state actors. As a result of technological developments and rising usage, a lot of personal information is transmitted over the internet. The employment of these technologies has benefited people in many ways, such as making it possible to communicate more swiftly and advance education, among other things.

The primary problem with the Indian surveillance architecture is the expansive mandate given to law enforcement officials, as well as the absence of judicial or independent oversight. State capacity is the second thing to take into account. Regarding the quantity of

There have been submitted requests for surveillance, but the decision to put someone under surveillance is primarily subjective. Given the disparity in power between citizens and governments, passing a comprehensive law that limits what the government can do, outlines the conditions under which it may violate fundamental rights, regulates law enforcement organisations, establishes control and oversight mechanisms, and gives citizens the ability to hold the government accountable is the only practical way to curtail government action.

International Laws on Data Protection and Data Privacy

The Right to privacy has been specified recognised in India through Article 21 of the Indian Constitution and many other countries also follow the concept of Data Privacy. Different countries have different laws for data protection according to the needs and requirements.
  1. United States of America (USA):
    America which is considered to be the most developed, powerful and also resourceful country of the globe. They have also given recognition to Right to Data Privacy. They have specific laws enacted by their Parliament. Any person whose Data Privacy has been infringed can bring a suit in the Court of Law. Suit can be filed for any data infringement and also for disclosure of personal and sensitive information to a third party without the owner's consent.

    There have been various amendments in the US Constitution to protect the rights of there citizens. Amendments have also been made with concern to Data Privacy. For instance, the fourth amendment of the US Constitution provides privilege to the people from any arbitrary search and seizure by State Authorities. They also have separate Acts enacted for different purposes.
  2. United Kingdom:
    The concept of Right to Privacy in UK was established in the year 2000, it was through the enactment of Human Rights Act, 2000. Later, U.K also become the part of General Data Protection Regulation (GDPR) , which was a legal framework regime to regulate the personal data of Individuals in the European Union. In the year 2018, U.K formulated its own legislation for Data Protection known as the Data Protection Act, 2018 that laid down all the rules and regulation for Data Protection.

    The Act also mentioned about an authority known as Information Commissioner Office (ICO) which is constituted monitor and scrutinise the data processing of individuals by different organisations.
  3. Russia:
    The Russian Constitution also emphasises on Right to Privacy on individuals it also recognises it as a Fundamental Right similar to India. They have strict laws to protect the personal and sensitive laws of the there individuals wherein it mentions that no communication or transfer of data should be made without the consent of the owner.

    However, there is an exception when the data is collected by the state authorities. Consent of individuals plays a very significant role. Article 24 of the Russian Constitution specifically mentions about consent of the owners, no person shall collect, store, or publish any personal data without express consent of the owner. If done without the consent the operator will be held liable with imprisonment up to 2 years and fine up to 2,00,000 roubles.

Legislation for Data Protection in India

The Concept of Right to privacy was declared to be a fundamental right pronounced through a judgement by the Hon'ble Supreme Court of India. Data Protection in India is a recent phenomenon developed over the years. There is no specific law or statue for Data Protection in India. However, they are indirectly mentioned in certain legislation. For Instance-

In the Indian Constitution Article 21 mentions on Right to Life and Personal Liberty. In the year 2017 Right to Privacy was declared to be a fundamental Right under Article 21 of Indian Constitution. In case of any violation, a suit can be filed by the individual under Article 32 of Indian Constitution.

The Indian Penal Code has been into existence from the British Rule. The Indian Penal Code which was mainly enacted to give punishments for the criminal offences within the premises of India. IPC does not specifically mention about directly However, IPC mentions about privacy concerns indirectly. It protects the individuals whose privacy is violated. Section 471 of IPC mentions about usage of electronic document which is forged, such person shall be punished in the same manner that of he forged.

Sec 379 of IPC mentions about theft any person who dishonestly takes into his possession without the owner's consent shall be punishable with imprisonment of three years or fine or both.

Information Technology Act,2000- The Act was established to deal with all the Cybercrimes, any frauds, or complaints in e-commerce sector. The Act also lays down provisions for data protection and data privacy concerns.

Data Protection & Information Technology (Amendment) Act 2008

The main objective of the Act was in relation to all cyber matters. It provides safeguards to the individual from any breaches from the computer source. The Act also constitutes certain provisions for prevention of any unlawful method for usage of computer or storage of data in the computer system. This Act has been specifically established for protection of Data protection and privacy. Hence, the Act has provisions for "Data Protection." There have been amendments such as Section 43A and Section 72A of the Act for protection of data of the individuals.

The Amendment Act, has brought in new provisions according to the need and requirement of the digital era. The Act also lays down penalty for disclosure of personal and sensitive data without the consent of the owner. The amendments made in the statute for data protection is like the laws enacted by other developed countries like USA and other European Nations. The Act mainly mentions about disclosure, sharing procedure.

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