Author: PRERNA SINHA, 2nd year B.A.LL.B (Hons.) student, O.P. Jindal Global University
2024, era of development with developing technologies and digitization. This era must quickly adapt to changes. Where we do most of our work online. That has led to increasing the use of online platforms that have changed almost every element of everyday life. Although they brought comfort and connectivity, they also brought up urgent problems including personal data protection problems.
Digital shift: cashless and interconnected world
Government encourages its residents to use internet banking for all their transactions, be it buying a gold necklace or a small soap package. In the end it causes a transaction far more convenient and accessible. In addition to purchases, any other aspects of social media where users can communicate and get involved with others around the world, brought comfort and connected.
Digital lifestyle also raised critical questions: are our online interactions truly Private? Are our personal data safe from unauthorized access?
These concerns spotlight the growing importance of “data privacy” in the digital age.
Use of Legal Jargon
Data Fiduciary: Under the DPDP Act, a person or entity that determines the purpose and means of processing personal data.
Informed Consent: The legal requirement to seek permission from individuals before collecting their personal data.
Right to be Forgotten: A data subject’s right to request the deletion of their personal data.
Cross-sectoral legislation: A legal framework that applies uniformly across various sectors rather than being industry-specific.
What is the privacy of the data?
Your name, phone number, address and online or offline behavior are examples of personal data. Social media platforms often need users’ personal data to offer these services.
However, some social media pages exceed the boundaries of the collection of personal Information that provides users very little privacy.
The risky thing is that some social media websites do not even mention the boundaries of security for the information they gathered, which is easy for hackers to take your personal information.
Types of Data Privacy
Online Privacy: Website have a personal data protection policy that states their use and collection of data.
Data on residential offices: When collecting data on conquest of the user and living costs should be confidential.
Privacy Medical Information: Only user and organization should have access to the user’s medical information. Maintaining the confidentiality of patients and a doctor is necessary to prevent medical privacy violations.
Financial privacy: when the site collects financial data. Hackers will use credentials fraudulently if they are not maintained and protected.
Challenges meet the concept of data privacy
1) Lack of strict laws that condemn illegal access to personal data
2) Lack of people’s awareness of theft of their personal data and about the concept of data protection/privacy
3) Ethical failure of social media platform in providing personal data of their user and violation of their trust.
4) causal access to strengthen technologies or software to protect our data when providing appropriate availability of these platforms.
The proof
With government initiatives actively encouraging citizens to adopt cashless transactions and use digital platforms for daily activities, India’s digital economy is expanding quickly. Over 82% of urban Indians regularly use digital platforms, which increases their vulnerability to potential data breaches and privacy risks, according to a 2023 report by the Ministry of Electronics and Information Technology (MeitY). India implemented the Digital Personal Data Protection (DPDP) Act, 2023, in response to these vulnerabilities. This law is in line with global standards like the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR) of the European Union. However, a significant portion of the populace is still ignorant of how their personal data is being gathered, stored, or possibly misused in spite of these legal frameworks, which emphasizes the urgent need for digital literacy and more durable enforcement measures.
Global efforts to strengthen data privacy
Personal data protection is not only the interest of India, but around the world. Many initiatives are taken under different jurisdictions.
Some of them are:
1) General Data Protection Regulation (GDPR): regulates how personal data subjects of the European Union (EU), which means individuals, can be collected, stored, and processing and giving data rights to check your personal data (including the right to forget).
2) National Data Protection Acts: Many countries such as Canada, Japan, Australia, Singapore and others have comprehensive data protection laws in some form. Some such as the general law of Brazil for Personal Data Protection and Great Britain the data protection Act is quite similar to GDPR.
3) The Personal Data Protection Act for consumers in California (CCPA): requires consumers to be created aware of what personal data is collected and provides consumers control over their personal data, including the right to tell the organization not to sell their personal data.
Both Indian people and companies that gather data about Indian residents are subject to the DPDP Act. This has consequences, such as when a provider from outside of India offers digital products or services to a U.S. person living in India.
Conclusion
People constantly publish sensitive information, from patterns of browsing to financial transactions that emphasize the need for strong privacy. Moreover, new problems with personal data protection are caused by the development of top technologies as Artificial intelligence and Internet of Things (IoT). The key components of the digital age are data protection and privacy. Because the world is changing and becoming more and more dependent on digital platforms, personal data protection when using the Internet may be considered the highest priority. Cooperation of technologists, politicians and users is necessary to achieve a balance that is needed between these top new technologies and a diameter user.
Suggestions
1) Self-awareness is the key point in achieving and ensuring the idea of privacy. Role of a consumer is very crucial in obtaining the goal of ensuring the data protection
a) Aware of the risks associated with sharing personal information
b) User should go through the terms and conditions before signing up any Application.
2) Government initiatives for the of awareness towards threats of fishing and cybercrime and the concept of data protection.
3) Referring to the original and safe sites rather than the unprotected and unknown sites for downloading stuff.
4) Installation of Anti -Virus software is a must for all our PCs.
5) Aware of Spam Calls and messages. Usage of applications which helps identifying these spam calls and messages.
6) Select strong passwords and changing them at a time interval
FAQs
1. What is the Digital Personal Data Protection (DPDP) Act, 2023?
The DPDP Act is India’s landmark legislation that regulates the collection, processing, and storage of personal data. It introduces terms like data fiduciary, emphasizes informed consent, and grants individuals rights like the right to be forgotten. It aligns with international frameworks such as the GDPR and CCPA.
2. How does the GDPR differ from India’s DPDP Act?
While both laws aim to safeguard personal data, the GDPR is broader in scope, applies to all EU residents, and includes stronger enforcement mechanisms. India’s DPDP Act is more recent and tailored to the Indian context, but it draws heavily from GDPR principles.
3. Are foreign companies required to follow the DPDP Act when dealing with Indian citizens?
Yes. Any foreign entity offering goods or services to Indian residents or collecting their personal data is bound by the provisions of the DPDP Act.
References
1 Sneha Mahawar, Data privacy and data protection laws in India – iPleaders, (Dec. 5, 2021),
https://blog.ipleaders.in/all-you-should-know-abou t-data-privacy-data-protection/.
2 Burman_DataBill.indd, (Oct. 6, 2023),
https://carnegie-production
assets.s3.amazonaws.com/static/files/Understandi ng_Indias_New_Data_Protection_Law-3.pdf.
