Right to Privacy in the Digital Age
The digital age has revolutionized how we communicate, access information, and interact with the world. While technological advancements have enhanced convenience and connectivity, and they have also posed significant challenges to personal privacy. furthermore The “Right to Privacy,” especially in the context of the digital aspects, has emerged as a critical issue worldwide.
What is Right to Privacy?
Privacy has traditionally been understood as the right to be left alone
In the digital age, however, it has become a complex concept involving the control over personal data.
Although the Indian Constitution did not initially recognise privacy as a fundamental right, the landmark judgment in K.S. Puttaswamy v. Union of India (2017). Despite this, India lacks comprehensive data protection legislation, leaving citizens vulnerable to breaches of privacy.
Existing Legal Instruments on Privacy in the Digital Age
While privacy recognized as a fundamental rights India lacks an overarching data protection law.
Information Technology (IT) Act, 2000:
The IT Act addresses cyber crimes and provides some protection for sensitive personal data through the IT Rules, 2011.
Telegraph Act, 1885:
Modern technology challenges make communication interception outdated.
IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021:
Social media platforms are obligated to ensure data protection, but the provisions are criticized for being vague.
Challenges to Privacy in the Digital Age
State Surveillance
Governments worldwide, including India, have increased surveillance activities to address security concerns further, While national security is a legitimate objective, excessive surveillance often infringes upon individual privacy. Examples include:
The Aadhaar Scheme:
While aimed at streamlining public services, concerns were raised about the collection and storage of biometric data without sufficient safeguards.
Central Monitoring System (CMS):
Enables real-time interception and monitoring of communications, raising fears of mass surveillance.
2018 MHA Order:
Authorised multiple central agencies to intercept and monitor digital communications, criticised for lacking adequate oversight.
The Puttaswamy judgment laid down a proportionality test to evaluate state actions that interfere with privacy. However, many surveillance measures fail to meet these standards.
Global Laws and Perspectives on Digital Privacy
India can draw inspiration from international frameworks to strengthen its privacy laws:
General Data Protection Regulation (GDPR), European Union:
Sets a high standard for data protection with stringent consent requirements, data minimisation principles, and hefty penalties for violations.
California Consumer Privacy Act (CCPA), USA:
Empowers consumers to know how their data is used, delete personal information, and opt out of data sales.
Brazil’s General Data Protection Law (LGPD): Aligns with GDPR principles and applies to data processing activities involving Brazilian residents.
Australia’s Privacy Act, 1988:
Covers data protection comprehensively, with amendments to address digital age challenges.
How India punishes: Rethinking the use of criminal law
Encryption Policies
Policies restricting encryption must strike a balance between privacy and security. The rejection of the 2015 Draft National Encryption Policy.
which mandated storing decrypted data for 90 days, showcased public resistance to overreaching measures.
Data Sovereignty vs. Privacy
India’s push for data localisation underlines the tension between sovereignty and privacy.
While local storage enhances governmental access and it also heightens risks of data breaches and state surveillance
