Right to Privacy

The simple Meaning of this Term is; To be free and alone without unnecessary public interference. 

UDHR(Universal Declaration of Human rights,1948(Article 12), International Covenant on Civil and Political 

Rights,1966 ( Article 17), European Convention on Human Rights(Article 8) defines Right of Privacy. In the Indian  Constitution Right to Privacy is not mentioned in any Article, but it is held that the Right to privacy is part of Article 21. 

Let’s see the evolution of the right to privacy in India by some case laws:- 

1. M.P. Sharma vs. Satish Chandra 1954 

Held:-There is no concept of the Right to Privacy under our Indian Constitution. Search, and  Seizure is valid. 

*** By the 4th amendment constitution of the U.S.A. has provided the Right to Privacy to their citizens, and it prohibits search and seizure, declared it illegal. 

  • Kharak Singh vs. State of U.P. 1962 

Held:- Domiciliary Visit Unconstitutional, but other regulations were declared valid. No right of privacy granted under the Indian Constitution and Right to Movement under Article 19(1)(d) infringes physical restrictions. But in this judgment, there was a minority opinion of Justice Subra Rao; Justice questioned that anybody could enjoy the freedom of movement anywhere for personal purposes. If the movement is tracked, then How is it free? 

  • PUCL vs. Union of India (1997) {Wire Tapping Case}  

Held:- Right to privacy is included under Article 21. Telephonic Conversation is confidential, and therefore Right to Privacy is included under Article 21. Also, Rule 4 Clause(9)(A) is codified, and it is said that phone tapping is valid only in unavoidable circumstances. Union Home Secretary can authorize state home secretary for this purpose. 

  • Justice K.S. Puttaswamy vs. Union of India (AADHAR CASE) 2017 

Held:- Right privacy is granted under Article 21, and the AADHA card is valid. 

SOCIAL MEDIA AND PRIVACY 

Social networks have become a part of human life. We get so much information, ideas, and motivations from it while enjoying sharing on social media, yet it requires a great deal for security and privacy. Though it can be a useful tool for businesses, bringing advantages such as engaging with your audience and boosting website traffic. However, there can also be disadvantages, including the resources required and negative feedback. There was no specific legislation on Internet privacy and data protection; however, in the year 2000, the legislature made an effort to embrace social media privacy issues. Currently, India’s most comprehensive legal provision for privacy on the Internet is the Information Technology Act,2000. Similarly, there are other Acts/departments too, for the privacy purpose such as HIPAA ( An act that protects one’s health information), FTC (Federal Trade Commission), IT ACT, Privacy Act(1974), Data Protection Bill, DSCI( The data security council of India), DIT(Department of information technology). 

 Cybercrimes like cyberstalking, location disclosure, social profiling, third-party personal information disclosure, and several causes contribute to the invasion of privacy throughout social networking platforms. Though there are privacy provisions for users, one should use encrypted devices, use complex passwords on their computer and cell phones, change them from time to time, install antivirus software, and use devices that can disable the camera, microphone, etc. used for privacy invasion. 

SOME DATA BREACH INCIDENT 

  • In Sep.2018, There was an incident of a security breach within Facebook. Hackers could access and steal personal information; around 50 million users were affected in an attack that gave hackers control of accounts. 
  • It was an attack on Yahoo in 2013; at the time (2016), it was acquired by Verizon and estimated that a hacking group had accessed account information of more than a billion of its customer. 
  • 2018, Marriott International(Stanwood)- Hotel announced the exposure of sensitive details belonging to half a million Stanwood guests following an attack on its system in September. 
  • 2013, Adobe- Hackers had stolen almost 3million encrypted customer credit card records and login data for an undetermined number of users’ accounts.  
  • In 26/11 attack on Taj Hotel Mumbai it was found that terrorist have hacked the computer of hotel.

  2021, LinkedIn- A hacker is going by the moniker of “God user” used data scraping techniques by exploiting the sites and dumping information data set of around 500 million customers. This incident violated its terms of service rather than a data breach; a scrap data sample posted by God users contained information including email address, phone numbers, Geolocation records, genders and other social media details. 

PRIVACY DATA PROTECTION IN PANDEMIC  

During this covid 19, everyone stuck in the home every kind of work was happening by the internet only. But at the same time use of data by criminals was happening, and cases of a data leak, banking fraud, and other crimes were happening. Different social media sites are using their consumers’ data for this purpose, and due to this, India needs strong data protection law. 

In 2019 DATA PROTECTION BILL was drafted, and it is going to be passed in the next session of parliament. Bill is drafted by the panel whose head is SC judge BN Srikrishna; this bill intends to protect individual rights by regulating collection movement and processing of personal data or which can identify the individual. This bill will regulate how various companies and organizations use individuals’ data inside India. This bill about forming the Data Protection Authority(DPA) would regulate personal data by social media companies and other organizations. Social media platforms that do not act as intermediaries should be treated as publishers and be held responsible for the content from unverified accounts on their platforms. The main concern for this bill is that overpower given to the government to use data. 

  • Benefit and harm of use of health data  

As of now, the health sector is in top person is vaccinated or not. He is covid negative or not. Every answer is important. If we can get these details just by only one document, it’s good because all personal data can appear, and authorities can check details. But sometimes it is harmful to a person as like in the case of Mr. ‘X’ vs. Hospital ‘Z’  1995 his details of being HIV positive is circulated to others, and due to this, his marriage was canceled in this court held that person has right to get compensation because incident violates his right. So, Health data should be used only for the public’s help, not to create problems for them.  

  • Growth of Biometric data collection   

Now, after AADHAR for many work biometric is in colleges attendance of students is happening by this but everything is good in limit in K.S. Puttaswamy’s judgment AADHAR declared valid and only useful for public welfare, not for another person. Biometric data should be collected but not in every field only for a specific purpose. 

https://ncrb.gov.in

https://www.un.org/en/about-us/universal-declaration-of-human-rights]

https://www.business-standard.com/article/current-affairs/india-registered-136-cybercrime-cases-every-day-in-2020-ncrb-data-122022100007_1.html#:~:text=Cybercrimes%20in%20the%20country%20have,the%20National%20Crime%20Records%20Bureau.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

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The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at secondinnings.hr@gmail.com

In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

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