A civilized society is regulated by rules, and the Indian Constitution guarantees every individual the right to personal liberty, including privacy. However, the recent data breach of cricketer M.S. Dhoni’s UIDAI details shows in a different direction, where the lack of proper laws against privacy violations strangulates this same right, and the government fails to safeguard people’ privacy from its own departments, much alone private players. The issue remains whether our civilization is heading toward liberty or any government that tries to control their people. To understand such laws better it is advised to consult the best lawyers in this field. Adv. Bindu Dubey is one of the finest cyber crime IT lawyers in Mumbai who will help the clients with their cyber security issues. She will also aid NRI clients who want legal help from other parts of the world with respect to international cyber laws.
In International Law, Privacy, and the Development of Indian Jurisprudence Data protection refers to the preservation of our basic right to privacy, which is codified in international and regional treaties. In international law, the right to privacy has a place.
• The Universal Declaration of Human Rights, Article 12 (1948)
• Article 17 of the International Covenant on Civil and Political Rights (to which India is a signatory), as well as
• Article 8 of the European Human Rights Convention.
All of the following provisions of international conventions are identical in essence, if different in wording, and allow for non-interference with a person’s privacy unless as permitted by law or in the public interest and national security. In basic terms, they safeguard against arbitrary interference with private, family, home, or communication, as well as assaults on personal honour and reputation in the eyes of the law, and they provide the right to legal protection against such interference or attacks. Over 100 nations have passed comprehensive data protection legislation, with the European Union having the most severe and comprehensive regulation, and many more countries are in the process of doing so. Other nations have privacy laws that relate to certain sectors, such as children’s records or financial data, but not a complete legislation.
Does India have privacy law?
In the very fast developing Indian Nation, the Indian Constitution does not have separate provisions for privacy, but it does find a place in Article 21 of the Constitution of India, which states that “No person shall be deprived of his life or personal liberty except according to procedure established by law,” when the Apex Court included it under the umbrella of Personal Liberty. As a result, “the law does not define what privacy is, but only what circumstances of privacy are given legal protection,” according to the Indian viewpoint.
Government violations of privacy under the guise of reasonable restrictions and legal procedure are not uncommon, and certain statutes, such as the Indian Post Office Act, 1898, the Indian Telegraphy Act, 1885, and the Information Technology Act of 2000, give the central and state governments the power to intercept and access data. Judicial activism and jurisprudence established by courts, which offer some limits and limitations on government, are now the only options. The right to free movement in the Maneka Gandhi case, media reporting in Destruction of Public & Private Properties v. State of A.P., and phone tapping in R.M. Malkani v. State of Maharashtra are all examples of such rules.
Why does India need a data protection law?
Article 300(A) of the Constitution safeguards people from being deprived of their property unless they are acting on legal authority. However, this right may only be asserted against the government, not private people or workers, and even then, data must fall within the category of property, the interpretation of which is left to the courts.
A Privacy Bill 2014 (a non-conclusive draft that has been presented since 2006) aims to put both government and private organizations within its purview, and to safeguard personal data and information gathered for a specific purpose by one organization from being misused by another.
What is the Data privacy protection Act of India?
There are a few legal provisions that can be used in cases of privacy violations and unauthorized use of personal data, the most important of which is the Information Technology Act of 2000, which establishes penalties for data leakage and establishes rules and regulations for data storage and sharing. Other legislation of this kind include:
- The Copyright Act of 1957 is a federal law that protects intellectual property rights in literary, theatrical, musical, artistic, and cinematic works.
- The Indian Penal Code, 1860 (“IPC”), which makes misappropriation of property, theft, and criminal breach of trust crimes punishable by imprisonment and fines, may also be used to deter data theft.
- Self-regulatory procedures used by Indian BPOs, such as the BS 7799 and ISO 17799 standards, which allow data to be shared with and by workers.
- Contract Law and Specific Relief Act Non-Disclosure Agreements and Remedies
While general law exists, proper legislation is required, particularly as India moves toward digitization and a cashless economy, in order to preserve public confidence and safeguard the rights given to them under the constitution. Lack of privacy also stifles free thought and leaves little space for intellectual inquiry and creativity, and no one wants to live in a society like this. The right to privacy is the most prized right of a civilized person, and it must exist not just against the state, but also against the whole world. To get more help, aid and consultation contact Adv. Bindu Dubey as she is one of the finest and well – learnt cyber / IT lawyer in Mumbai.