Why should we care about our privacy?

Privacy in general terms is the right to be left alone or freedom from interference or intrusion. In terms of the internet, privacy is the right to have some control over how your personal information is collected and used.

More technical innovation gives way to more efficient and advanced technologies. In recent years the information has become the most important component to cultivate this innovation. As many new people are coming on the internet and the amount of information being shared is increased manifold. Every organization or individual is entering the realm of the digital world and data is the entity of this world. Data is also very essential to understand a user or a customer or a client but sometimes there is no limit to the amount of data that an internet corporation is willing to extract. Somewhere there has to be a line that needs to be drawn. In recent years there have been many issues regarding the privacy policy of many tech corporations. Facebook has been in controversy much time. Recently Whatsapp’s privacy policy also raised many questions, then in an ironic move Whatsapp raised the question of privacy by suing the government regarding the new Information technology rules. But this is just the tip of the iceberg and numerous other aspects get overlooked. First, we will need to understand what this privacy means for us as individuals. Only then we can clearly determine the relevance of these rapidly changing developments in this subject.  

“Arguing that you don’t care about the right to privacy because you have nothing to hide is no different than saying you don’t care about free speech because you have nothing to say.”

-Edward Snowden

It’s not that privacy means that there is something to hide; rather privacy is having things you don’t want to show. For instance, people would not like to post their Bank account online or Bank statements. People would also not like to have a public camera inside their homes. Similarly, there are some things that an individual would not like to share online. Privacy can provide secrecy, but there is more to it. Privacy also provides autonomy and therefore freedom to an individual. Well, there is even more to privacy than the freedom that many people do not realize which is that when we think we’re being watched, we make behavior choices that we believe other people want us to make.  Humans intrinsically like to avoid societal condemnation and perception of whether or not we are in private changes the way we behave. This indicates the benefit that a state can have with surveillance and can lead to a conformist population.

As it is stated by many that data is the oil and for many tech organizations it truly is. We can witness this with the various technological corporations that rely upon user data including Facebook, Google, Amazon etc. But Even Smartphone manufacturers like Xiaomi have realized the lucrative benefits of collecting and selling user data. For these companies, our data is money and they earn billions of dollars with this data. Both the private tech giants have clauses in their privacy policy that allows government agencies and third parties to access the data. The data that gets uploaded on the internet never gets deleted and stays there forever. What we have to realize is that even if the information seems futile today, it may have an importance tomorrow. In conclusion, privacy is not a trivial issue and people will have to understand its importance until it’s too late.

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RIGHT TO PRIVACY AND PERSONAL DATA PROTECTION BILL

Protecting its citizens privacy in 21st century is a part of maintaining democratic character of a nation. Right to privacy is not exclusively mentioned in constitution of India but it is considered as a part of Article 21 which deals with right to life and personal liberty. It has been further interpreted by various cases and their judgements through the years.

Right to privacy is considered basic human right under Article 12 of Universal declaration of human rights act 1948 and India recognizes it through Article 14, Article 19 and Article 21 of Indian constitution which are Equality before law, Freedom of speech and expression and right to life and personal liberty respectively. On occasion India has taken note of importance of Right to privacy through judgements in wiretapping case, Aadhar case, Vineet Kumar case and alike.

Vineet Kumar case stated that tapping of phones should not be permitted unless it is case of public safety and emergency.

The recent case of new privacy policy by WhatsApp caused ruckus among citizens regarding protection of their privacy and immediate need of a legitimate way to deal with it. However, India recognized Right to privacy as fundamental right after Puttuswamy v/s Union of India case (2017) but it was under Article 21 itself. Under section 72A of IT act, breach of data privacy is punishable but it is only relevant in the case of corporate sector and to sensitive information.

India does not have a law dedicated to right to privacy yet. Although Personal data protection bill was put forward by justice Srikrishna committee.

PERONAL DATA AND PROTECTION BILL

Personal data and protection bill which was introduced in Lok Sabha in 2019 finally seems to be moving forward now that it has been through parliamentary scrutiny of a joint committee.

The bill restricts processing of personal data by Government, Companies inside and outside India which are dealing with personal data of Indians. The Bill labeled certain data such as financial data, biometric data, caste, religion and political beliefs as sensitive personal data.

A data fiduciary who is basically an entity or individual who owns the means to process these data is required to take certain accountability measures which includes implementing security safeguards such as data encryption and preventing misuse of data and instituting grievance redressal mechanisms to address complaints of individuals. They are also required to mechanize age verification and Parental consent if procession personal information of children. Therefore, Bill allows data fiduciary to process personal data if consent is provided by the individual. However, in circumstances where state requires data for providing benefits to individual, legal proceedings and respond to the medical emergency Personal data can be processed without consent.

The bill further proclaims that individual has certain rights including right to obtain confirmation from the fiduciary on whether their personal data has been processed, (ii) seek correction of inaccurate, incomplete, or out-of-date personal data, (iii) have personal data transferred to any other data fiduciary in certain circumstances, and (iv) restrict continuing disclosure of their personal data by a fiduciary, if it is no longer necessary or consent is withdrawn.

The Bill seeks to amend the Information Technology Act, 2000 to delete the provisions related to compensation payable by companies for failure to protect personal data. The introduction of personal data and protection bill was a step forward towards democratic data governance and it would further take us closer to constitutionally guaranteed Right to privacy.   

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