"
In the digital age , our personal data is the new currency , and we must
protect it with the same vigor as we protect our financial assets." – Tim Cook
Abstract
This paper would like to specially focus on right to privateness in digitalized
India and the impact it ought to have at the residents of India. It is believed
that humans are independent creatures with an innate demand for privacy and
Control over specific areas of their existence. Human conduct has an intrinsic
desire For privacy, which is today acknowledged as a fundamental human right.
The rapid advancement of technology has transformed the way we live, work, and
interact with one another.
In today's digital landscape, our personal data is
being collected, analyzed, and shared at an unprecedented scale. But at what
cost to our right to privacy? This article examines the tensions between
technological innovation, national security, and individual privacy, and argues
for a renewed commitment to protecting our right to privacy in the digital age.
The digital age has brought about unparalleled convenience, connectivity,
and access to information. However, it has also created new vulnerabilities and
risks to our right to privacy. This article discusses the key challenges and
opportunities for protecting our right to privacy in the digital age, and
proposes a framework for balancing individual privacy with the needs of national
security and technological innovation.
Introduction
In 21st century , the development of technology has changed the living standards
of a common person. Nevertheless, many of our liberties are currently in danger
due to the advancement of technology. "As technology Advances and involves data
that is continuously collected and processed in the marketplace, the Right to
privacy is becoming increasingly important. The process of going digital has led
to the Emergence of several criminal behaviours, including data fraud, hoax
contacting, cyber Harassment, and so on.
The "right to privacy" has become
increasingly critical in the digital age, particularly with the rise of social
media and technological advancements. As, on social media it has become very
common that one person used the personal information of another person for
extracting informations .As digital interactions proliferate, concerns about
privacy violations have intensified, prompting legislative responses like
India's Digital Personal Data Protection Act 2023, aimed at safeguarding
individual privacy rights while navigating the complexities of modern
technology.
New Digital Era:
The new digital era, characterized by rapid technological advancements, has
transformed how we live, work, and interact. This shift began with the
industrial revolution and has accelerated through the rise of the internet,
artificial intelligence (AI), and the Internet of Things (IoT). Access to
information has expanded dramatically, enabling individuals to engage with data
that was once restricted to experts. Cloud Computing, Internet of Things (IoT),Online
Services like Websites, social media, e-commerce platforms, Artificial
Intelligence (AI).
India's "
Digital India" aim to enhance digital infrastructure, ensuring that
even rural populations can access essential services and information. However,
the new digital era also has significant impacts, including concerns about
individual privacy and security, job displacement due to automation and
artificial intelligence, and social isolation resulting from decreased
face-to-face interaction. Furthermore, the increased reliance on digital
technologies has created new opportunities for cybercrime, hacking, and data
breaches.
The Evolution Of Right To Privacy:
The advent of the new digital era has ushered in a transformative paradigm,
marked by unprecedented technological advancements, pervasive digital adoption,
and profound shifts in societal, economic, and individual landscapes. This era
has yielded numerous benefits, including unparalleled connectivity, universal
access to information, and unprecedented economic opportunities.
The internet
has democratized knowledge, education, and commerce, while digital innovations
have spawned novel business models, e-commerce platforms, and remote work
arrangements, thereby redefining the fabric of modern society.However, this era
also poses significant challenges, including pressing concerns about individual
privacy and security. In the landmark case of
K.S. Puttaswamy v. Union of India
(2017), the Indian Supreme Court recognized the right to privacy as a
fundamental right, emphasizing the need for data protection and privacy
safeguards in the digital age.
Furthermore, the escalating reliance on digital technologies has created new
vulnerabilities to cybercrime, hacking, and data breaches. In the case of Yahoo!
Inc. v. Akash Arora (2011), the Delhi High Court emphasized the importance of
protecting personal data and held that online service providers have a duty to
protect user data.
As the digital landscape continues to evolve, it is essential to strike a
balance between the benefits of technological advancements and the need to
protect individual rights and freedoms. By drawing on relevant case law and
legal frameworks, we can work towards creating a secure, equitable, and
sustainable digital future.
Issue Related To Right To Privacy In Digital Era:
Our lives have changed significantly as a result of technological improvements,
which also provide many advantages including more efficient communication,easier
access to information, and better productivity. But these developments have also
given rise to grave privacy issues.The right to privacy in the digital era is a
pressing concern, with various issues arising from the rapid advancement of
technology. One significant issue is online shopping scams, where personal and
financial information is compromised, leading to identity theft and financial
loss.
For instance, the Aadhar card scam, where sensitive biometric data was
leaked, highlights the vulnerability of personal information in the digital
sphere .Social media platforms, such as Twitter, have also raised concerns about
privacy, particularly with regards to sharing personal photos and information.
The ease with which information can be shared and accessed online has led to a
significant increase in information leaks, compromising individuals' right to
privacy.
In India, the Supreme Court has recognized the right to privacy as a fundamental
right in the landmark case of Justice K.S. Puttaswamy v. Union of India . The
court held that the right to privacy is an intrinsic part of the right to life
and liberty under Article 21 of the Indian Constitution.Furthermore, the
Personal Data Protection Bill, 2019, aims to provide protection to individuals'
personal data and establish a Data Protection Authority in India . The bill
proposes to regulate the processing of personal data, including sensitive
personal data, and provide individuals with control over their personal data.
Data Protection:
A legal precaution known as data protection was implemented to stop the improper
use of Personal data. "Every person has the fundamental right to control how
much of their personal Information or data is used. In the digital era, privacy
and data protection are two important questions Internet governance concerns
that are linked to one another. A privacy breach may result from Making someone
else's (an interested party's) easily accessible personal data or information.
Concerns concerning the automated and simple availability of necessary personal
data about an individual to another individual or a public or private body are
related to data protection and privacy of crucial personal information."
Consequently, privacy and data protection, the two main challenges facing
Internet governance today, are inherently at odds. Data privacy proposes how the
personal information of an individual should be treated depending on its
perceived value, while data protection is a legal precaution that guarantees
privacy. Data or Information belonging to individuals should be safeguarded to
protect their privacy.
Evolving Aspect Of Right To Privacy : Right To Be Forgotten:
The "Right to be Forgotten" (RTBF) is a significant evolving aspect of the Right
to Privacy. It refers to an individual's right to have their personal
information, including online data, removed or deleted from public access,
especially when it is no longer relevant or accurate.The concept of RTBF gained
prominence in the European Union's General Data Protection Regulation (GDPR) in
2018. The GDPR established the right to erasure, which allows individuals to
request the deletion of their personal data under certain circumstances.
In India, the RTBF has been recognized by the Supreme Court in the case of K.S.
Puttaswamy v. Union of India (2017), where the court held that the right to
privacy includes the right to control personal information and to be forgotten.
Laws In India:
- Constitutional Provisions
- Article 21 of the Indian Constitution: Right to life and personal liberty, which includes the right to privacy.
- Statutory Law:
- Information Technology Act, 2000: Regulates digital transactions, including data protection and privacy.
- Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011: Regulates the collection, storage, and processing of sensitive personal data.
- Proposed Laws:
- The Personal Data Protection Bill, 2019: A proposed law that aims to establish a comprehensive data protection framework in India.
Landmark Case Law:
- Govind Vs State Of Madhya Pradesh - AIR 1975 SC 1378, (1975) 2
SCC 148
This case is one of the most important case under the ambit of the right to
privacy in India. It is about the petitioner – Govind and the respondent –
State of Madhya Pradesh , where a regulation made by the government was
challenged. The case involved a politician named Govind who was suspected of
being involved in a murder case. The police entered Govind's home without a
warrant and searched the premises, allegedly finding incriminating evidence.
Govind challenged the search and seizure, arguing that it was a violation of
his right to privacy. The Supreme Court of India held that the police had
exceeded their authority by entering Govind's home without a warrant. The
court ruled that the search and seizure were a violation of Govind's right
to privacy, which is a fundamental right protected by the Indian
Constitution.The court also held that the right to privacy is not absolute
and can be limited by reasonable restrictions. The judgment established
important principles regarding the right to privacy in India, including the
need for a warrant before conducting a search and the limits on police
authority to enter private homes.
- R. Rajagopal & Ors. Vs. State Of Tamil Nadu & Ors - AIR 1995 SC
264, (1994) 6 SCC 632
This case dealt with questions concerning the freedom of press vis-à-vis the
right to privacy.R. Rajagopal vs State of Tamil Nadu (1994) is a landmark
case in Indian law that deals with the right to privacy. R. Rajagopal, a
journalist, published a series of articles in his magazine, Nakkeeran,
exposing the alleged corruption and criminal activities of a politician, S.
Durai. Durai filed a defamation suit against Rajagopal, and the court
ordered the seizure of the magazine's copies.
Rajagopal challenged the seizure, arguing that it was a violation of his
right to freedom of speech and expression. The Supreme Court of India held
that the seizure of the magazine's copies was a violation of Rajagopal's
right to freedom of speech and expression. The court also recognized the
right to privacy as a fundamental right, stating that:
"The right to privacy is a part of the right to life and liberty under
Article 21 of the Constitution."
The court established the "public interest" test, which states that the
publication of information about a public figure's private life can be justified
only if it is in the public interest. The court held that the publication of the
articles was justified as it was in the public interest to expose the alleged
corruption and criminal activities of a public figure. The case has since been
cited in numerous other cases involving the right to privacy and freedom of
speech.
Conclusion:
The right to privacy in the digital era is a complex and multifaceted issue. The
rapid advancement of technology has created new challenges for protecting
individual privacy, from data breaches and cyber surveillance to online
harassment and the exploitation of personal data. Recent case laws, including
those related to Aadhaar, have highlighted the need for a balanced approach that
protects individual privacy while also promoting national security, public
safety, and economic growth.
Ultimately, ensuring the right to privacy in the digital era requires a
collaborative effort from governments, corporations, and individuals to
establish and enforce robust data protection laws, promote digital literacy, and
foster a culture of privacy and respect for individual autonomy.
Written By: Tanvi Bhagat, 3rd year law student
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