Protection of personal data according to current advancement in the innovations is one of the intense challenges of the worldwide data society wherein we live . With the constant progression in innovation and huge expansion in internet usage, the concepts of data privacy and data protection is a hugely debated topic . Privacy in basic sense, is essentially as significant as oxygen to a human body, it is the medium which actually guarantees a peaceful life with dignity and liberty ensured to each individual independent of any cause and which is the pith of Article 21 of our Indian Constitution1.While the digital age has achieved unparalleled convenience and opportunities , it has additionally raised crucial questions regarding our digital freedom and online privacy. This brings various new complex difficulties in terms of security and protection making it vital to guarantee that person’s have control over their own information. Despite the fact that data security and privacy have been broadly examined throughout the course of recent years, today we face new difficulties in data protection and privacy challenges. Some of those difficulties emerge from expanding security concerns as for the utilization of information and from the need of reconciling Privacy with the utilization of data for security in applications we use in our everyday living.
MEDIA AND THE RIGHT TO PRIVACY :
The media has permeated practically every aspect of our lives, enabling us to stay connected to our local and worldwide communities. Social media platforms are the most widely used these days. They are now considered to be an essential information source, particularly for the younger population. This is the point at which the right to privacy becomes problematic. In essence, social media is an online communication tool. When it first started, its primary objective was to establish a global virtual family network. The main social media platforms include Facebook, Instagram, WhatsApp, and others. It may surprise you to learn that we are the ones that divulge personal information online. We divulge a lot of personal information, whether on purpose or not. You can do this by registering for Facebook, Instagram, Amazon Prime, and other services. It is well known that the younger generation is more susceptible to these types of cybercrimes. This is because people usually don’t think there’s any risk involved in sharing even their most private information. This is important because these criminal minds are able to recognize their immaturity right away. The revelation that Twitter, one of the most popular social media sites today, has admitted to searching through all of its users’ contacts to find out more information about them, is shocking. [1]
Another example of this is Facebook, which presents inconsistent descriptions of who it is. It grants users permission to utilize any contacts that are made public, but it also vehemently declares that it is the exclusive proprietor of all contacts.
Social media and privacy have a relationship that has been emphasized and is thought to be important when sharing information on these platforms. The social benefits of the disclosure have been balanced against the risks and repercussions of disregarding privacy concerns. Social media’s capacity to enhance interpersonal relationships should be acknowledged and valued, but websites’ regular sharing of information should strike a balance with users’ privacy. The privacy right In India, social media privacy was safeguarded long before it was acknowledged as an essential right. The Information Technology Act of 2000 2 is regarded as a complete piece of legislation that solely addresses issues related to internet privacy. .
NEED FOR DATA PROTECTION AND DATA PRIVACY IN INDIA:
It’s no secret that we now are in a digital age when everything is shown on screens is a fact, we can no more dispute. Everything is now online including our data, money, music, movies, and commerce. Information is essential in a highly computerized public. In this modern era of technological advancement, everything of our information—both private and public—has been migrated to digital devices. Our data privacy is now much more exposed as a result. The economy of India is growing on its own accord, and along with it, the importance of our sensitive data has been recognized. The “Puttaswamy”3 decision, which maintained that the right to privacy is in fact a fundamental right, makes the creation of strong data privacy regulations in India more crucial.
It guarantees that people’s non-personal and private data is protected. Ensuring adequate protection and security of citizens’ non-personal and private data is the primary objective of data privacy regulations. These regulations regulate information gathering and storing procedures, grounds for individuals’ consent, penalties for companies that fail to safeguard customer data as required by law, and other related problems.
It protects the privacy right. The Indian Constitution acknowledges a person’s right to privacy as a fundamental right, as we have already discussed. This suggests that each person has the right to their own data. They can decide when to withdraw their permission or object to the use of their data, as well as how they want their information to be used. Growing digital footprints: Considering that India is home to more than a billion people, it is not shocking that almost half of the nation’s population has access to the internet. People are using social media platforms like YouTube, Instagram, TikTok, and others widely, and as such, people are leaving digital traces on. [2]
If not handled correctly, this provides up the possibility for major digital data breaches[3] where our history and personal data might be revealed.
These regulations promote data ethics alongside data processing and gathering. Data ethics are the standards that ensure that strong processing, non-discriminatory and non-arbitrary gathering of data, and equal and open data processing are all based on ethical standards. A person is empowered by data protection legislation in various capacities. They are entitled to knowledge of how personal data is gathered, stored, and exchanged, as well as a right of action if this is breached. They obtain fair compensation for any compromised information. It educates people of their rights to their data and creates a successful grievance redressal procedure.
Innovative innovations like monitoring and facial recognition have often raised concerns about the privacy of sensitive data. These laws take care of these problems and ensure that people collect data with greater caution. Due to the growing number of children on all digital platforms, more laws and regulations must be implemented to ensure the safety of their data. Since the issues concerning their rights and consent differ significantly from normal gathering information scenarios, additional thought must be given to these issues. Many games easily collect an array of personal data on kids so that they can play, but the children have no idea of the implications of this. Implementing suitable laws would ensure not only the safety of such data but also a greater understanding of it.
Social MEDIA RELATED VIOLATION :
There are different violations committed via social media that are:
Cyber bulling:
It means to harass, embarrass, threaten or focus on one more person with the utilization of technology. It incorporates photographs, recordings, messages or items that are presented on hurt or upset somebody.
Cyber defamation:
It fundamentally implies if any individual Purposefully or intentionally Distribute misleading proclamation about one more person on the internet to stigmatize or harm the standing of that person.
Email phishing:
It implies when beneficiary is deceived by the noxious messages sends or plan by the assailant for falling them into a trick.
Counterfeit/imitating profile:
In this a fake profile is made in any stage and make reports and post shocking photographs and recordings of the casualty in the social media to stigmatize them and for their own satisfaction particularly with the ladies.
INDIAN LEGISLATIVE FRAMEWORK RELATING TO SOCIAL MEDIA:
The following legislative framework5 can be helpful in tackling the offences that takes place due to mass media.[4]
- Indian Penal Code, 1860
There were arrangements in various laws that accommodated the security of specific parts of privacy. For example, Section 354C of the Indian Penal Code, 1860, which makes the demonstration of voyeurism an offense; section 354D punishes the demonstration of stalking, including the demonstration of online based stalking; and Section 228A, which denies the disclosure of character of victims of specific offenses.
- The Information Technology Act, 2000
This act is the main legislative which deals with technology and enables e- commerce. A legislation to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, some provisions of the Information Technology Act, 2000, pertain to privacy.
Section 72A accommodates the discipline for purposefully or intentionally unveiling individual information connecting with an individual that was gained for offering types of assistance under a legal agreement, without the assent of the individual concerned or in break of a lawful agreement
- Constitution Of India, 1950
As the supreme law of India, the Constitution lays down the framework for legal, political and social systems in India. Although the Constitution does not expressly guarantee a right toprivacy, the Supreme Court has over the years traced a right to privacy from Part III 6of the Constitution.
In a nine Judge Bench Decision in justice K. S. Puttaswamy versus union of India (2017)7 10 SCC 1, the supreme Court completely set out that the Constitution truly does for sure ensure a right to protection and followed it from a few rights, including Article 21 which typifies the right to life and individual freedom.
CAUSES FOR LACK OF PRIVACY ;
As technology has advanced, the discussion around privacy has moved from a physical to a digital realm. The majority of nations view the right to digital privacy as an expansion of the basic right to privacy, and numerous nations have enacted laws to further shield digital privacy from both public and private organizations. Online harassment is sometimes claimed as an excuse to restrict freedom of speech, either by eliminating the expectation of privacy through anonymity or by allowing law enforcement to invade privacy without a search warrant, despite the fact that privacy violations can amplify it.
The loss of internet privacy has numerous causes. The gathering and sharing of personal information by businesses and websites without our knowledge or consent is a significant contributing factor. Additionally, the lack of privacy is exacerbated by the rising frequency of cyberattacks8 and data breaches. Additional concerns include the difficulties of maintaining anonymity online and the absence of appropriate laws and enforcement. It’s critical to exercise caution and take precautions to safeguard our internet privacy.
7 K. S. Puttaswamy versus union of India (2017) 10 SCC 1
8 Cyber attacks
Conclusion :
Finally, it is reasoned that social media is curse or aid for everybody as it assists with interfacing with their cherished one however on other hand a portion of its users turned into the casualty ofcyberattacks. Notwithstanding the way that there are different regulations are in presence for shielding the casualty from the wrongdoer yet need for new regulations can never be precluded.
The public authority ought to make severe moves against the transgressors and rebuffed them for their wrongdoing so every client of web-based entertainment has a good sense of safety . Alongside government, the clients ought to likewise know while posting anything via virtual entertainment. It is exceptionally important to lay out specific official system to control or safeguard the cybercrimes. Social media can likewise turn into a gift for oneself and revile for another.
[1] Article 21 of Indian Constitution
[2] Information Technology Act 2000
3 K. S. Puttaswamy versus union of India (2017) 10 SCC 1
[3] Data breaching
[4] Mass media
5 Indian laws
6 Part III of India Constitution
Author: Sharon
Juris Centre 