Open Access Research Article
SOCIAL, LEGAL AND PHILOSOPHICAL ASPECT OF RIGHT TO PRIVACY.
Published Paper
Article Details
SOCIAL, LEGAL
AND PHILOSOPHICAL ASPECT OF RIGHT TO PRIVACY.
AUTHORED BY
- KUMAR MAYANK
LL.M (Cyber
law and Cyber security)
The ICFAI
Law School,
The ICFAI
University
ABSTRACT:
The ability to conceal certain
aspects of one's life from the general public is known as the right to privacy.
In the larger framework of international law, the right to privacy is regarded
as a fundamental human right for each individual. It is now practically hard
for an individual to maintain their anonymity or preserve their privacy in the
era of state and commercial internet communications providers' surveillance.
This article explores the concept of
the right to privacy as fundamental human right, its historical development
throughout the time, legal foundations based on international and national
instruments, and contemporary challenges. Human rights were recognized as a
fundamental right under the legislation. The right to privacy has evolved
according to technological advancements, societal changes, and legal
interpretations. Though there is no proper definition can be found relating to
the privacy rights of an individual. But with various interpretation of
different judgements, jurists and philosophist. Through this article, aims to
provide a comprehensive study of the right to privacy by examining key
historical development, landmark cases, in India and the national legislations.
Key words: Privacy,
human rights, fundamental rights, national and international instrument.
1. RIGHT TO PRIVACY: BRIEF INTRODUCTION
The word privacy has been derived
from the Latin word “Privatus” which means separated from the rest. This
has been part of human society since beginning of time. Its rooted back from
the philosophical discussions of ancient Greek[1].Thus,
it is to be considered that this is not a new concept rather the recognition of
privacy under fundamental rights are certainly modern. There were two spheres,
in the Ancient Greek Society, i.e. Polis and Oikos, Polis is
referred to as public sphere of political affairs such as city and Oikos is
referred to household affairs which is private among the families. This
distinction was made by Aristotle in the Book One of Politics[2].
This, is significant to understand the modern concept of privacy. As the
concept has been ever evolving since ancient times which has also made the
hierarchy disappeared in families these days, an observation by Aristotle in
Book One[3].
Furthermore, the right to privacy has gained protection under both
constitutional and statutory law by the 19th century in USA.
Privacy is a state where one’s
personal information about their life and other conditions are kept beyond the reach
and knowledge of others, so that it can’t go public. By this people can control
over the information that they want to share it with others or put forth in the
public domain. Privacy has been well known throughout the history, since the
very beginning of the mankind. Considering anything as private differs from
person to person as well as the society. Privacy is to be considered interest
of the human personality. This safeguards person’s independence, personality,
integrity and dignity. The reason behind safeguarding one’s privacy varies
distinctively. As some individual like to keep up with anonymity, others don’t
want anyone others to know some embarrassing facts about themselves so that is
how it differs from person to person. So, this can be concluded that privacy
carries three basic elements i.e. solitude, anonymity and secrecy. The most
significant step behind creation of modern notion of privacy, which has
appeared for the first time by the study made by Louis Brandeis and Samuel
Warren in 1890, for The Right to Privacy. Since then, the right to privacy has
become acknowledged and widely known, then it has emerged to gain and become
fundamental human right internationally[4].
1.1 THE MEANING AND DEFINITION OF RIGHT
TO PRIVACY:
Amongst all the human rights, privacy
stands to be the most difficult one to be defined for both national and
international catalogue. There have been various attempts made by number of
jurists, theorists and scholars to define privacy, but yet it has been very
confusing to comprehend with the true meaning of privacy and the scope of
privacy. Although, oxford English dictionary has defined “privacy” as “the
state or condition of being free from being observed or disturbed by other
people” or “the state of being free from public attention.” This definition is
inspired from the definition given by Aristotle[5].
However, this term is full of distinctive connotations as there is new means
and contexts for privacy violations developed.
Though there have been various
attempts to define the privacy but still there is no universal definition yet
till the date to describe it. However, privacy is universally claimed by
everyone, still its actual form differs based on the environment, economy,
culture and the societal characteristics[6].
This states that privacy need to be reinterpreted under the light of present
era and should be examined in the present context.
Speaking of Privacy extensively, this
is individuals’ rights of being left alone or not being intervened or intrude
into their freedom. On the other hand, information privacy is something where
individual have their own rights to control their individual information from
being used and collected[7].
Thus, it is very significant to understand that privacy is not only about
confidentiality. Further, Richard B. Parker defined privacy as “the control
over whom and when various parts of us can be sensed by others.” Richard by
stating ‘various parts’ meant to say about our parts of the body,
products of it and our voice. This also includes those objects which are
remotely associated and accessible to the individuals. By stating ‘Sensed by
others’ means that it has been smelled, seen, tasted, touched or been heard
by others[8].
According to the definition given by Black’s Law Dictionary, Privacy is[9] “the
right that determines non-intervention in secret surveillance and protecting an
individual’s information. It is of four categories.
·
First,
physical: an imposition whereby another individual is restricted from
experiencing an individual or situation.
·
Second,
decisional: the imposition of an exclusive restriction on an entity.
·
Third,
informational: the prevention of searching unknown information.
·
Fourth,
dispositional: the prevention of attempts made to know the minds of
individuals.”
Alan Westin, the American law
professor has established three distinctive levels of privacy norms based on
their affects which are as follows:
i.
The
political level
ii.
The
socio-cultural level
iii.
The
personal level
Further, Westin has defined privacy as “the claim of an
individual to determine what information about himself or herself should be
known to others.”
Julie Inness has stated that the discussions surrounding
privacy can be divided into three categories:
“a) the sceptical
debate about the conceptual and moral distinctness of privacy;
b) the debate about the two components of a definition of
privacy- the function of privacy and the content of privacy- the function of
privacy and the content of privacy;
c)the debate about the value of privacy.[10]”
So, it can be articulated from above that privacy is
essential as it enable individuals to create boundaries and manage the same to
safeguard their lives from any unwarranted intrusions. The rules and laws that
safeguard the privacy enable the individuals to assert their rights in defiance
of important power prejudice. The rights of privacy are such fundamental rights
which plays a significant role in autonomy and in safeguarding the human
dignity.
1.2 THE NATURE OF RIGHT TO PRIVACY
This is a kind of right which
safeguards the inner sphere of any personnel from any hinderances from outside
actors which can be state or even the non-state actors. This is enjoyed by
every individual by virtue of their existence in this. It is a fundamental
human right which has wide recognition in every major international instruments
namely which are based on human rights like- International Covenant on Civil
and Political Rights, the European Convention on Human Rights etc. Almost every
country has recognised privacy rights as fundamental rights under their
constitutional law implicitly or explicitly. Such as the constitution of South
Africa and Hungary have specific rights to control and access individual’s
information[11], this
has been included most recently within their written constitution. On the other
hand, there are some countries which don’t have any explicit mention of right
to privacy in their constitution, these countries include United States of
America, India and Ireland, the courts have pronounced various judgements
through which the right to privacy has been recognized and further it has been
implicitly recognised by the constitutional laws. However, there are few
countries which has adopted the international instruments which recognises the
privacy rights there under for instance the European Convention on Human Rights[12].
Further, privacy rights have been internationally recognised as fundamental
human right by UN Declaration of Human Rights, the International Covenant on
Civil and Political Rights (ICCPR) and in various other international and
regional instruments.
Basically, Privacy is referred to
underpin the human dignity and various fundamental values for instance the
freedom of speech and association. Privacy has become one of the significant
human rights in the modern era.
2. HISTORICAL DEVELOPMENT OF RIGHT TO
PRIVACY:
Mostly, the right to privacy has gain
worldwide interest in the 1960-1970s with emergence if information technology,
the right to privacy has cultural, religious and historical connotations which
fortify the perspective that privacy of an individual is highly valued and
preserved in varied cultures internationally. Thus, in 1970s the countries
started to adopt the laws with intention of protecting the individual’s
privacy. Internationally there was a general movement for adoption of
exhaustive privacy laws that sought to safeguard one’s privacy rights. These
laws were solely introduced based on the models of Organization for Economic
Cooperation and Development and the Council of Europe[13].
In the year of 1948 the international
community has pinpointed the right to privacy as fundamental human right that
has gained recognition by Universal Declaration of Human Rights (hereinafter
UDHR). Later in 1966 the ICCPR has recognised the same. Article 17 of ICCPR and
Article 12 of UDHR gives away legal safeguard to individuals against the
‘arbitrary interference’ with individual’s family, privacy, home, honour,
reputation and correspondence. Apart from these there are various special
conventions for safeguarding the rights of special groups which as well
recognize and safeguard the privacy rights of those communities. The Convention
on the Rights of the Child, 1989[14]
under article 16 protects the children from any arbitrary or unlawful invasion
of their privacy, family, correspondence and home, and even protect their
reputation and honour from unlawful attacks. Further, under Article 14 of the
International Convention on the Rights of All Migrant Workers and Members of
Their Families, 1990[15]migrant
workers and their families are safeguarded against unlawful interference in
their privacy and so on.
Further, in a
similar vein, the regional blocs have accepted the right to privacy and
provided protection for their inhabitants. European Union, under Article 8 of
the European Convention on Human Rights and Fundamental Freedom talks about the
right to respect for individual’s private and family life. However, this right
have some limitations if doing, there would compromise national security,
public health or morals, national welfare, or the rights and freedoms of
others. Individual’s privacy, family matters are protected from arbitrary
intrusion and attacks under Article 21 of the 2004 Arab Charter on Human
Rights. Convicted individuals' security and privacy were protected in Article 16(8).
The protection of the law from arbitrary or abusive intrusion in one's home or
communication, family life, or honour or reputation is guaranteed by Article 11
of the American Convention on Human Rights.
Human
rights and fundamental freedoms, including the right to privacy, are to be
respected, according to Article 1 of the Convention for the Protection of
Individuals with Respect to Automatic Processing of Personal Data. The
Protection of informational privacy amidst the free flow of information in the
region of Asia- Pacific is given under the Asia-Pacific Economic Cooperation
Privacy Framework[16]. India in recent year enacted a new law known
as Digital Personal Data Protection Act,2023 to but a limitation on intermediaries,
to provide safeguard to the personal data of an individuals, and to regulate
the laws related to the privacy and data protection especially on the digital
mode.
3. PRIVACY AND ITS KIND
According to Dr. D.Y Chandrachud, J.
“Privacy is a concomitant of the individual to exercise control over his or her
personality. It finds an origin in the notion that there are certain rights
which are natural to or inherent in a human being. Natural rights are
inalienable because they are inseparable from the human personality. The human
element in life impossible to conceive without the existence of natural
rights.”[17]
S.A Bobde, J. says that “privacy is
the necessary condition precedent to the enjoyment of any of the guarantees in
part III. As a result, when it is claimed by rights bearers before
constitutional courts, a right to privacy may be situated not only in Article
21, but also simultaneously in any of the other guarantees in part III. In the
current state of things, Article 19(1), 20(3), 25, 28 and 28 and 29 are all
rights helped up and made meaningful by the exercise of privacy. This is not an
exhaustive list. Further development in technology and social ordering may well
reveal that there are yet more constitutional sites in which a privacy right
inheres that are not at present evident to us.”[18]
Privacy is the constitutional core of
human dignity. Privacy has both a normative and descriptive function, At a
normative level privacy subserves those eternal values upon which the
guarantees of life, liberty and freedom are founded. At a descriptive level,
privacy postulates a bundle of entitlements and interest which lie at the
foundation of ordered liability.[19]
If we deeply study the concept of
privacy, we found that privacy is not merely a right to protect one’s
individual information from disclosing in public or putting a restriction on
government agencies to have access to one’s personal data or information. There
are following kinds of Privacy which deals with different facet of one’s daily
life:
1. Privacy of the Individual (like body
autonomy)
2. Privacy of Behaviour and Action
(right to express about about specific issue like politics, religion, etc.)
3. Privacy of Communication (end to end
encryption, VPN)
4. Privacy of Personal data (It
specifically deals with the information which an individual share at digital
platform. GDPR in Europe, DPDP Act, 2023 in India dealing with the topic in
detail)
5. Privacy of Thought and Expression (It
deals with the choice of selection of association to express their ideas,
feelings, etc.)
6. Privacy of Location and Space
7. Privacy of Association (This deals
mainly with the right to have freedom to interact with people without any
judgment by the other person against you.)
4.
ESSENTIALS OF PRIVACY
The
concept of privacy is somewhere related with the dignity of human being. It is
also verry clearly stated by the judicial body in several cases including in
the case of Justice K.S Puttaswamy v. Union of India (2017) in detail. In the
case the Court has explain three element which is essential part of dignity and
so for privacy which is mention below[20]:
i)
INTRINSIC VALUE: The uniqueness of human kind is
the product of a combination of inherent traits and features- including
intelligence, sensibility and the ability to communicate which gives human a
special status in the world, distinct from other species[21].
The intrinsic value of all individuals results in two basic postulates:
anti-utilitarian and anti-authoritarian. The former consists of the formation
of Kant’s categorical imperative that every individual is an end in him or
herself, not a means for collective goals or the purposes of others. The latter
is synthesized in the data that the state exist for the individual, not the
other way around. As for legal implications, intrinsic value is the origin of a
set of fundamental rights. The first of these rights is the right of life, a
basic precondition for the enjoyment of any other right. A second right
directly related to the intrinsic value of each and every individual is
equality before and under the law.
ii)
AUTONOMY: Autonomy is the ethical element of human
dignity. It is the foundation of the free will of individuals. Which entitles
them to pursue the ideals of living well and having a good life in their own
ways. The central notion is that of self-determination. Kantian conception of
autonomy is the will governed by the moral law (moral autonomy). Autonomy
requires the fulfilment of certain conditions, such as reason (the mental
capacity to make informed decision), Independence (the absence of coercion,
manipulation and severe want), and choice (the actual existence of
alternatives). Thus, Autonomy is the ability to make personal decisions and
choices in life based on one’s conception of the good, without undue external
influences. A s for its legal implications, autonomy underlines a set of
fundamental rights associated with democratic constitutionalism, including
basic freedoms (Private autonomy) and the right of political participation
(Public autonomy). It is also pertinent to mention that with the rise of the
welfare state, many countries in the world also consider a fundamental right to
minimum living condition (the existential minimum).Thus, we can say that there
is three facet of Autonomy, namely: Private autonomy; Public autonomy; and the
existential minimum.
iii)
COMMUNITY VALUE: This relates to the social
dimension of dignity. The contours of human dignity are shaped by the
relationship of the individual with others, as well as with the world around
him. The individual thus, lives within himself, within a community and within a
state. According to Robert post, he identified three distinct forms of social
order, they are: community (a shared world of common faith and fate),
management (the instrument organization of social life through law to achieve
specific objectives), and democracy (an arrangement that embodies the purpose
of individual and collective self-determination). Dignity as a community value,
therefore, emphasises the role of the state and community in establishing
collective goals and restrictions on individual freedoms and right on behalf of
a certain idea of the good life.
5.
IS PRIVACY A RIGHT?
The right
to privacy was recognised as a first-generation fundamental human right by a number
of international legal instruments in the latter half of the 20th century. The
national laws of the nations that adopted these documents then incorporated
this protection. The case law of the courts defending these laws establishes
the precise meaning of privacy and the facets of life that can be deemed
private; these papers do not provide more guidance on the subject.The question
of whether the right to privacy could guarantee the protection of private life
arose with the introduction of computers in the 1970s. This technological
advancement gave rise to a new right, the right to data protection, whose
subject matter is also the preservation of private life[22].
Article 7 of the Charter of
Fundamental Rights of the European Union (2000) [23]state
that the right to privacy is a fundamental human right and everyone has the
right for his/her private and family life, home and correspondence to be
respected, and they have the right to protect themselves against such unlawful
interference.
The rights to life and personal
liberty include the right to privacy. Therefore, this privilege is recognised
by various clauses of the constitution of United States and the United Kingdom,
and India, for instance, the first, fourth, fifth and the ninth Amendments of
the United States Constitution and Articles 19, 21 of the Indian Constitution.
Through the rulings in a number of cases, this right has grown and been
enhanced. However, not all places have a distinct legislation safeguarding the
right to privacy, that ensures one’s personal liberty[24].
In addition to the above- discussed specific features of the right to privacy,
there are other aspects of the right to privacy that must also be sufficiently
safeguarded by statutory laws in each of these three countries.
In accordance of the United Nations
Conference on Trade and Development (hereinafter UNCTAD)[25],
out of 194 countries 137 countries worldwide have adopted the privacy and data
protection laws. The countries within African and Asian Continent have shown
high acceptance rate nearly about 57-61 percentage, and in respect to that they
have enacted the legislations therein.
The first move was made by the
European Union to enact the General Data Protection Regulation (GDPR), 2018[26]
which has safeguarded the data of the citizens from unwarranted processing or
any intrusion. This almost serves as the basis for all privacy and data laws
around the globe, the countries are adopting it with various modifications in
order to suit the situations. The data
protection laws in Europe holds rigorous punishment and hefty penalties.
The US Constitution has granted the
protection against the unwarranted lawful intrusion by Fourth Constitution
Amendment. In the year 1972 California has amended its constitution in order to
include privacy in the list of inalienable rights. In accordance with
the amendment, there are several other legislatures has been enacted to
safeguard the privacy of the netzines, i.e. the Privacy Rights for California
Minors in the Digital World Act, 2013[27],
the Online Privacy Protection Act, and the California Consumer Privacy Act,
2020 (hereinafter CCPA). This provides robust privacy and data safeguarding
mechanisms. This also gives away the rights to the citizens to file a suit if
the data is accessed without authorization, theft, exfiltration, or if there is
violation of the duty to maintain and implement reasonable security and trials
to safeguard one’s personal information[28].
6. RIGHT TO PRIVACY AND SUSTAINABLE
DEVELOPMENT
The growth of Information technology
after 1970 ha shown a significant growth in the sustainable economic
development. More effectually, the development of cyber security is the most
important factor in ensuring sustainable development worldwide. The United Nation
sustainable development goals (UNSDG) has also shown its attention towards the
cybersecurity or the secure platform for the digital world which ultimately
creates the trust and believe among the people; organisation; company and
several other agencies who all are highly depend upon it by showing the safe
and secure cyber environment.[29]
Thrust in cyber spece or ICT is imperative for achieving the goals laid down in
the United nations Sustainable development Goals. Absence of secured cyberspace
would make it difficult to achieve the objectives of sustainable development.[30]
The cyber security policy of India
envisages a vision to build a secure and resilient cyberspace for citizens,
businesses and government. The mission of the cyber security policy aims to
protect the information and information infrastructure in cyber space, build
capabilities to prevent and respond to cyber threats, reduce vulnerabilities
and minimise damage from cyber incident through a combination of institutional
structures, people, processes, technology and co-operation. A s per the UNSDG, better policy making,
better tools and techniques, better cyber architectural designing,
collaborative efforts of private parties such as industries, media, civil
societies and other national and international organizations will not only
contribute towards improving the online safety and keep the world safe from
cyber vulnerabilities and threats but also would act as fundamental
infrastructure in achieving the global sustainable development goals[31].
6.1
SUSTAINABLE DEVELOPMENT AND ICT
Emergence of new concepts such as
artificial intelligence and Internet of things, although interesting and
invented for the benefit of human but also has added more weight to the already
existing debate that whether online privacy has totally evaporated? The
secretary General of the UN has quoted in the report on the group of government
expert on developments in the field of Information and Telecommunications in
the context of International security:[32]
“Few technologies have been as powerful as
information and communications technologies (ICTs) in reshaping economies,
societies, and international relations. Cyberspace touches every aspect of our
lives. The benefits are enormous, but these do not come without risk. Making
cyberspace stable and secure can only be achieved through international
cooperation, and the foundation of this cooperation must be international law
and the principles of the UN charter…Our efforts in this relam must uphold the
global commitment to foster an open, safe and peaceful Internet. In that sprit,
I commend this report to the Assembly and to a wide global audience as a
crucial contribution to the vital efforts to secure the ICT environment.”
It is a common consensus that there should be strong
and robust cyber security mechanism needs to be designed for development across
the globe. It will help to develop the trust in the digital environment and
promotes economic growth, social inclusion as well as innovation.[33] Interestingly, cyber security has become both
technical as well as an economic issue as it fosters economic development
goals. Sustainability is to thrive in the present along with the ability to
thrive in the future.[34]A
global culture of cyber security needs to be encouraged if the countries have
to achieve development and sustainability together. We need such policies which
strengthen security and sustainability while also preserving openness,
interoperability and a global market for ICT.[35]
6.2 UNSDG AND CYBER SECURITY
ICT has emerged as a new medium of
economic growth and social development, The General Assembly of the United
Nation adopted the 2030 agenda for the sustainable development[36]which
encompasses a plan of action for people, planet and prosperity. In the absence
of appropriate cyber security practices and mechanism, it shall become
difficult to achieve the sustainable development target and goals. These goals
have been considered critical for humanity and the planet. These goals have
been considered critical for humanity and the planet. The vision of UN is to
“envisages a world in which every country enjoys sustained, inclusive and
sustainable economic growth and decent work for all. A world in which
consumption and production patterns and use of all natural resources- from air
to lans, from river, lakes, and aquifers to oceans and seas- are sustainable.
One in which democracy, good governance and the rule of law, as well as an enabiling
environment at the national and international levels, are essential for
sustainable development including sustained and inclusive economic growth,
social development, environmental protection and the eradication of poverty and
hunger. One in which development and the application of technology are
climate-sensitive, respect biodiversity and are resilient. One in which
humanity lives in harmony with nature and in which wildlife and other living
species are protected.”
Trust and confidence is mandatory for
achieving the goals of sustainable development when it talks about the ICT. The following sustainable development Goals of
the UN explain how these goals can be furthered by a safe and robust cyber
secure world[37]:
a) Develop industry, innovation, and infrastructure
(SDG 9): ICT can enable better management of
infrastructure roll-out maintainance, increase agricultural productivity and
provide additional business opportunities and market intelligence through
online services.
b) Achieve gender equality and empower
all women and girls (SDG 5): ICT can enable access to information
and services that empower women to participate and succeed in academia and
business. Capacity building and user education on staying online can boost
technology use to this end.
c) Make cities inclusive, safe,
resilient and sustainable (SDG 11) : ICT can enable sensing and
communication technologies to more efficiently use resources, delete and
mitigate natural disasters.
d) Revitalize the global partnership for
sustainable development (SDG 17) : ICT can connect people and
institutions, enable sharing of information, and ultimately further the
cross-pollination of ideas and innovation across industries.
7. CYBER SPACE AND THE IT LAWS : WITH
SPECIAL REFERENCE TO IT ( AMENDMANT )ACT,2008
The Information Technology Amendment
Act 2008isa substantial addition to the IT Act,2000. The act is administered by
the Indian Computer Emergency Response Team (CERT-In) and correspond to the
Indian Penal Code.[38]
It is considered to be the heighly progressive step to protect the cyber
infrastructure and citizens of India.
The original version of the Act was
developed to promote the IT industry, regulate e-commerce, facilitate
e-governance and prevent cybercrime. It also gives provision for the
establishment of the Cyber Appellate Tribunal to hear appeals from any person
aggrieved by an order made under the act.[39]
The Act further provide provision for the following :
a) Tightening cybersecurity measures
b) Establishing a legal framework for
secured digital as well as electronic signature
( sec. 5, 15)
c) Recognizing and regulating
intermediaries ( CH-XII, Section 79)
d) Regulating interception, monitoring
and decryption of electronic records
(Section 4; 6; 7;
14)
e) Cyber forensics
f) Cyberterrorism.( section 66F)
Following are some of the provisions
of the Act, which is directly relate to cyber crime as well as right to privacy[40]:
Chapter XI, Section 65, 66 and from
section 66A to 66F of the IT ( Amendment) Act,2008 deals in details about the
offences related to computer and right to privacy
a) Section 66 of the Act talks about the
Tampering with computer source Documents and says that “ whosoever knowingly or
intentionally conceals, destroy, or alters or intentionally or knowingly causes
another to conceal, destroy, or alter any computer source code used for a
computer, computer program, computer system or computer network, when the
computer source code is required to be kept or maintained by law for the time
in force, shall be punishable with imprisonment up to three years or with fine
which may extend up to two lakh rupees or with both.
b) Section 66 of the Act says that “ if
any person, dishonestly or fraudently does any act referred to in section 43,
he shall be punished with imprisonment for a term which may extend to 3 years
or with fine up to 5 lakh or both.
c) Section 66A of the Act deals with the
punishment for sending offensive messages through communication services, etc.
d) Section 66B of the Act deals with the
provision of punishment for dishonestly receiving stolen computer resource or
communication device.
e) Section 66C of the Act deals with the
provision of punishment for identity theft
f) Section 66D of the Act deals with the
provision of punishment for cheating by personation by using computer resources
g) Section 66E of the Act specifically
talks about the punishment for violation of privacy. Section 66E says that “Whoever,
intentionally or knowingly captures, publish, or transmits the image of a
private area of any person without his or her consent, under circumstances
violating the privacy of that person, then he/she shall be punished wit the
imprisonment which may extend to 3 years or with fine not exceeding 2 lakh
rupees, or with both.
h) Section 66F of the Act talks about
the punishment for cyber terrorism and the condition when any crime be
considered as the cyber terrorism.
8. CONCLUSION
The right to privacy is a very
important right which allows individuals to keep their things private. The
right to privacy is a debatable topic around how much privacy individuals
should have or the limits of privacy. It helps
to keep the people and society at a whole safe from crime and terrorism.
The government takes the data from people to monitor their activities, but this
can also fall as a violation of the right to privacy.
In this digital era, technology made
privacy complicated. Through the internet, smart phones and artificial
intelligence, governments and organisations collect the data or information
from the people. Although the right to privacy is a natural right, through
technology collection of data is very easy, but it creates difficulties of
people to keep their data private.
The right to privacy includes freedom
of speech and association, which comes under right to life and liberty under
constitution of India. The rapid expansion of Internet of Things(IoT)
technology in modern era has presented both opportunities and challenges for
Data privacy and data protection in India. The abstract and subsequent
discussion shed light on the legal and regulatory landscape surrounding data
privacy, right to privacy and data protection, particularly in the context of
IoT devices and its modern challenges. From examining the complaxities of data
collection to exploring the inadequacies of current legal frameworks, it is
evident that safeguarding data privacy in the modern rea requires a
comprehensive approach.
In India, the introduction of the
DPDP Act,2023 signifies a significant step towards enhancing data privacy and
data protection rights. This legislation sets guidelines for organisations to
handle personal data responsibly, emphasizing transparency, consent and data
security. Additionally, the existing legal framework , including the ITAct and
recent amendments along with judicial interpretations, underscores the
country’s commitment to protecting privacy right.
In enhancing the right to privacy and
in order to make it more effective,
under the United Nations Sustainable Development Goals, it provides
certain principals has been discussed in detail above which clearly shows the
importance of right to privacy and the need of protection of such Right at
regional as well as international level so that to have sustainable economic
development in one hand and the existence of trust and belief of the
individuals upon the government and its agencies should continue.
SUGGESTION
1. Strengthen data privacy and data
protection laws in India.
2. Promete awareness campaigns and
educational initiatives to empower individuals about their data privacy and
data protection rights.
3. Encourage collaboration and
cooperation between countries to address data privacy and data protection concerns
on a global scale. International agreements and collaborations can help
establish common standards and ensure consistent protection of personal data.
4. Promote ethical data principal and
practices among businesses and organisation, encourage transparency,
consent-based data collection, and responsible data handling to build trust and
protect individuals privacy
5. Need to encourage by supporting the
efforts of regulatory body in enforcing data privacy and data protection
regulation. There should be support by the government for research and
innovation in the field of data privacy and data protection.
[1]
https://doi.org/10.1093/oso/9780198870173.003.0003
[2] Lessons from the Greeks: Privacy
in Aristotelian Thought, BARENAKED FOODS,
[3] Lessons from the Greeks: Privacy
in Aristotelian Thought, BARENAKED FOODS
[4] AdriennLukács, WHAT IS PRIVACY?
THE HISTORY AND DEFINITION OF PRIVACY.
[5] History of Privacy: Past, Present
& Predictions for the Future,
https://www.piiano.com/blog/history-of-privacy-and-future-predictions
[6] History of Privacy: Past, Present
& Predictions for the Future,
https://www.piiano.com/blog/history-of-privacy-and-future-predictions
[7] What is Privacy,
https://iapp.org/about/what-is-privacy/ (last visited Mar 31, 2024).
[8] Richard B. Parker, A Definition of
Privacy, in PRIVACY (2001).
[9] PRIVACY Definition-Black’s Law
Dictionary, THE LAW DICTIONARY (2013), https://thelawdictionary.org/privacy
[10] JULIE INNESS, PRIVACY, INTIMACY,
AND ISOLATION (1996).
[11] David Banisar& S. Davies,
Privacy & Human Rights-an International Survey of Privacy Laws and
Developments, THE JOHN MARSHALL JOURNAL OF COMPUTER & INFORMATION LAW
(1999).
[12]
https://gilc.org/privacy/survey/intro.html
[13] Ibid Note 12
[14]
https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child
[15] International Convention on the
Protection of the Rights of All Migrant Workers and Members of their families,
1990.
[16] Oishika Banerji, Right to Privacy,
IPLEADERS (Feb. 5, 2024), https://blog.ipleaders.in/different-aspects-of-right-to-privacy-under-article-21
[18] Justice
K.S. puttaswamy (RTED.) v. Union of India
[19] Ibid
[20] Justice
K.S Puttaswamy (RTED.) v. Union of India ( para no. 116, pg. no. 197-203)
[21] See
George kateb, human dignity 5(2011)
[22] Justice K.S Puttaswamy v. Union of
India
[23] Charter of Fundamental Rights of
the European Union.
[24] Dr. Surendra Kumar Nirala, Right
To Privacy: A Comparative Study, 08 APLPR 24 (2022).
[25]
https://unctad.org/page/data-protection-and-privacy-legislation-worldwide
[26] General Data Protection Regulation
(GDPR) – Official Legal Text, GENERAL DATA PROTECTION REGULATION (GDPR),
https://gdpr-info.eu/ (last visited Apr 5, 2024).
[27] California Leads the Way on
Children’s Privacy Protection Laws, TRUSTARC,
[28] James C Harrison, 19-0017
(Consumer Privacy).
[29] Dr.
Aparajita bhatt- Cyber security and sustainable development strategic policy
analysis of india and Canada availlab;e at https://in.docs.wps.com/l/slpkuxrasAeuo7AG?v=v2
[30] Ibid
[31] Ibid
[33] https://www.sbs.ox.ac.uk/cybersecurity
-capacity/system/files/WSIS%20cybersecurity%20white%20paper%201%20june%2016pdf
[34] Dr.
Aparajita Bhatt- Cyber security and sustainable development strategic policy
analysis of india and Canada https://in.docs.wps.com/l/slpkuxrasAeuo7AG?v=v2
[37] https://www.sbs.ox.ac.uk/cybersecurity
-capacity/system/files/WSIS%20cybersecurity%20white%20paper%201%20june%2016pdf
[38] https://www.techtarget.com/whatis/definition/Information-Technology-Amendment-Act-2008-IT-Act-2008
[39] Idbi
[40] Information
Technology (AMENDMENT) Act,2008
Article Information
SOCIAL, LEGAL AND PHILOSOPHICAL ASPECT OF RIGHT TO PRIVACY.
Authors: KUMAR MAYANK
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/20
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.