Author: Utkarsh Raj, NMIMS, Chandigarh
Introduction
Privacy in modern times and law has acquired larger attention. It is however not a modern times concept or something new to us it has the roots back to antiquity. In modern times the protection of privacy of people have become more vulnerable reason being the amount of personal and sensitive data we are keeping on technology while going through the world wide web. Privacy has been tackled differently by different society all over the world but in most of the countries courts grant justice by going through the facts of the case. When we talk about Indian society it was based on the large joint families and here the need for basic privacy was considerably low except women no one had the complete privacy. As soon as the concept of privacy started evolving in Indian societies the length of families started declining and now the ideal type of family is Nuclear family where a family consist of 3-5 members only and everyone has their own set of privacies.
Legal Aspect of Privacy In India:
In India, the concept of privacy has been recognized as Fundamental Right but the scope of this right is subject to several laws, judicial interpretation, and frameworks. The honorable supreme court of India in the landmark case of justice Ks Puttaswamy vs UOI in 2017 declared that right to privacy is a fundamental right under article 21 of Indian constitution that is Right to Life. Indian concept of right to privacy includes personal autonomy, the data privacy and protection against any kind of interference by state or any private Individual.
There is no comprehensive laws for the data privacy in India but there are some frameworks which provide some sort of data protection. IT act of 2000 ( Sec 43A ) and ( Sec 72 ) have some glimpse of data protection laws and the IT rules of 2011 provides instruction for handling all the sensitive personal data by corporations. However in 2023 the parliament passed the Digital personal data protection bill, 2023 but it has not become operational as of now.
Various aspects of Privacy
Bodily Privacy: The very basic concept of right is connected with the physical protection of any person so the protection of privacy of any person physical identity is most important thing to laid the foundation of right to privacy. There are many government agencies which are working on illegal searches of drugs or any such prohibited substance and the mode of investigation for this is a matter for concern because it includes the question of privacy of one body in public law and one of the major and most common example is the checkup at the airport. One more matter of concern for Bodily privacy is the photography in the trial rooms or public lavatories where the dignity of a person is at high risk and there is a strict need to make law on this matter.
Privacy of the home and family life:
The privacy of the home is one of the most cherished right in a democratic system and there is a very famous quote that “the sphere of the state ends at the four walls of a man’s home” so the privacy of the home should not be violated by any means. The state should not interfere in the matter that how should families live in which manner they should be formed, the right of women in a family and here reproductive choices. In this digital era the mass media has been the one of the major threat to the privacy of home and family life of any person and specially celebrities, in recent past we have witnessed a new trend that for some views and likes on world wide web the so called journalists are involved in illegal photography under the homes of celebrities and they keep updating each minute location of celebrities that where are they going what item they are carrying how many bodyguards are with them and this is not only the threat to privacy but this is a threat to life also.
Communication Privacy: The communication is now not only the physical communication but with the help of telephones now can communicate to anyone across the globe and even on the online spheres people interact with each other on video calls without knowing each other identity, past or anything and this opens a big door for the violation of one privacy. There are thousands of things which are operating through communication such as job interviews, hotel booking, and many more things and the inter country communication have been increased so much in recent years so protecting the communication privacy is not only the matter of personal right but it is now the geopolitical scenario that need to be in consideration. There must be strict national as well as international laws for the protection of privacy over telecommunication or by any means.
Information Privacy:
Data is the new goldmine and it is now an important aspect of our daily life. Data includes everything, our name to our address, financial details, health records, pictures, choices, likes dislikes everything is under the umbrella of word Data. Even the governments are now evolving their systems to digital one and operating all the functions of government through technology only. So again it is not only the matter of individual data protection but the sovereignty of Country is connected to it and so it is the best time to make strong laws on data protection. In the era of digitalization, ignoring the importance of data protection is like opening the borders for the countries to capture our boundaries and data is as important as land boundaries so we need to pay all our attention towards a strong efficient and effective data protection law.
FAQS
1: What is the historical evolution of privacy in India?
Answer: Privacy in India has evolved significantly. Historically, Indian society, dominated by large joint families, had limited privacy needs. With the shift to nuclear families, the concept of privacy became more pronounced. The recognition of privacy as a fundamental right under Article 21 of the Constitution in the 2017 Justice K.S. Puttaswamy vs. Union of India case marked a significant milestone in modern privacy law.
2: What are the key legal frameworks for privacy and data protection in India?
Answer: Key frameworks include:
IT Act of 2000: Sections 43A and 72 provide insights into data protection.
IT Rules of 2011: Guidelines for handling sensitive personal data by corporations.
Digital Personal Data Protection Bill, 2023: Recently passed, though not operational yet.
3: What are the main types of privacy violations recognized in the document?
Answer:
Bodily Privacy: Threats include unlawful body searches and invasive practices like covert photography in public spaces.
Home and Family Privacy: Violations by mass media or unauthorized intrusion into family matters.
Communication Privacy: Risks associated with telecommunication and online interactions.
Information Privacy: The risk of unauthorized data collection, which affects individual and national sovereignty.
4: Why is data privacy considered critical in modern times?
Answer: Data, often referred to as the “new goldmine,” encompasses personal and sensitive information like financial details, health records, and preferences. Protecting this data is crucial not only for individual rights but also for safeguarding national sovereignty in the digital age.
5: What measures can improve privacy protection in India?
Answer:
Strengthening and implementing comprehensive data protection laws.
Ensuring strict regulations for telecommunication and online interactions.
Establishing safeguards against privacy violations by media and unauthorized entities.
Raising public awareness about privacy rights and encouraging responsible digital behavior.
