The advancement of state and individual technology and over-dependence of their information and communication technology (ICT) social economic activities has its benefits as well as demerits. This provides a forum for the proliferation of socio-economic activities in less territorial boundaries. It is intentionally and innocently that sensitive data of various natures is transmitted through this medium. Sophisticated technology transmits, stores and processes confidential information of the private nature of subjects with or without their consent through software and hardware, resulting in social and economic loss.
Concept of privacy
The word ‘Privacy’ is derived from Latin word ‘privatus’ meaning ‘separated or deprived from the rest, solitude’.
Due to various reasons such as historical, cultural and religious beliefs and practices which adhere to different value systems in cultures, the definition of privacy is not universal around the globe. An information that one may perceive as private information turns out to be accessible to others. Nevertheless,’ privacy’ is regarded as the private information of the existence or circumstances of the person outside the public domain, irrespective of these inherent difficulties.
The Web or cyberspace is a less physical frontier. This area is, however, in organic form, but its existence is felt by the introduction of advanced technologies which accelerated the pace of social economic growth. Rapid expansion and advancement of sophisticated technology has added online version of privately-owned information to traditional forms of data protection information already available in the form of documents.The new version of information regarding privacy covers users ‘ online activities during professional or non-professional internet access.These online activities are monitored for their own advantage by the interested party. In addition, technology has introduced new ways to store and manipulate the information related to privacy against the person which resulting in public embarrassment and economic loss.
Some of the approaches used in cyberspace to collect information are as follows;
- Google’s search engine’ Internet history’
- data mining, static analysis, face recognition
- photo tagging websites, discussion forums, deep pocket inspection
- Spams are unanswered messages
All the above-mentioned sophisticated nature of software technologies in some way infringes the privacy right of individuals even in cyberspace to “be left alone.”
Protection Of Privacy
Right to privacy
Article 21 of the Indian Constitution states that’ No person shall be deprived of his or her life or personal freedom except in accordance with the procedure laid down by law.’ It was understood after reading Article 21 that the word ‘ life’ includes all those aspects of life that go to make the life of a man meaningful, complete, and worth living.
Like all mankind has ever done, it has had a positive and a negative side. Technology has entered every part of our lives, whether or not the invasion was desired, we can’t be sure whether a third party understood what we say. Today’s world philosophy may be: whatever you do, the world gets to know about it before you understand it.
Social media refers to websites and software
designed to enable people to share content in a fast, secure or real-time
manner. Many people on their smartphone or tablet identify social media as
apps, but the reality is that this networking tool originated with computers.
This misconception stems from the fact that most social media users are using
apps to access their devices.
Kinds of social media
1.Social networking sites
The majority of us are acquainted with social networking sites such as Facebook, Twitter and LinkedIn. Such networks allow us to communicate with families, friends and brands. They are all about private, human-to-human communication and promoting knowledge sharing. Users can exchange ideas, curate content, upload pictures and videos, enter interest-based groups, and engage in lively discussions. They are designed around the individual and all that matters to them and their social circles.
2. Social review sites
Review sites provide feedback for all kinds of places and experiences from community members. It eliminates a lot of the guesswork.
3. Image sharing sites
Our minds, ears and imaginations are captured by visual content such as photographs, infographics and diagrams. Social media platforms such as Instagram, Imgur, and Snapchat are designed to enhance image sharing capacity. Users create, curate and upload unique photos that give rise to dialogue and speak for themselves.
YouTube video hosting services revolutionized our way of watching, making, and learning about content. This made the platform into something that could be viewed. Recent software and networking advancements have helped video go the rest of the way.
5. Public blogs
Online blogging sites provide a space for people to express their thoughts and help them interact to readers.
6. Discussion sites
While most of us have seen a lot
of heated discussion happening on Twitter, discussion forums like Reddit or
Quora are specifically designed to spark a conversation. Anyone can ask a
question or make a statement, attracting people with shared interests or curiosities. Unlike Facebook and Instagram, though, users tend to provide information that is less visible.
National policy of privacy
The parameters of the new national policy
- Selection and Consensus
- collection limitation
- Purpose limitation
- Access and correction
- Disclosure of information
Provision Related to Privacy
Privacy Bill 2011
every individual shall have a right to his privacy — confidentiality of communication made to, or, by him — including his personal correspondence, telephone conversations, telegraph messages, postal, electronic mail and other modes of communication; confidentiality of his private or his family life; protection of his honour and good name; protection from search, detention or exposure of lawful communication between and among individuals; privacy from surveillance; confidentiality of his banking and financial transactions, medical and legal information and protection of data relating to individual
Online privacy regulations
In India there is no specific act related to online privacy. However, according to section 5(2), the Indian Telegraph Act, 1885, empowers the government to intercept the messages. This right is not unguided since it reflects the language of the section itself. The reasons given are India’s national emergency, public security, independence and dignity, state security, friendly relations with India
Provision Under IT Act
- Section 43(c) penalizes anyone who enters any computer system or network with pathogens or viruses
- Section 66A punishes the person sending offensive messages through communications services like emails, social media, etc.
- Section 66B punishes for receiving stripped computer resources in duplicity.Section
- 66C includes a punishment for identity theft that may stretch to 3 years and Rs. 1 lakh’s fine.
Data protection laws
Data protection provisions are divided into different laws.51 The Information Technology Act 2000 (Amendment 2008) (IT Act) allows for civil and criminal penalties in the event of data protection breaches.
Section 43 of the Act clearly sets out various types of acts committed by any person who, without the prior permission of the owner or in charge of the device, computer system or computer network, carries out any of the following activities which may directly or indirectly affect the issue of privacy and data protection.
Credit Information Companies (Regulation) Act, 2005
The CICR Act deals with confidentiality and data protection in the context of’ credit information.’ The Act governs the operation of the Credit Information Company by making it mandatory for the company to register under the 1956 Company Act.
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