Privacy Rights And Data Protection
The right to privacy may be a multidimensional concept. In modern society, There is the right to privacy which has been recognized by both within the attention of the law and is a common way. Article 21 protects the right to privacy and promotes the dignity of the individual. In recent years, there has been a growing fear of the huge amount of information about individuals held in computer files. The right to privacy refers to the precise or important right for an individual or right of a person to control the gathering, use, and disclosure of personal information.
As no one wants to disclose their personal life and this Personal information could be within the type of private interests, habits and activities, family records, educational records, communications records which also consist of emails and personal messages, medical records, and financial records. This private information could easily be harmed by the existence of computerized data about him or her which is inaccurate or misleading. This could be transferred to an unauthorized third party at high speed and really little cost. This growth within the use of private data has many benefits but it could also result in problems. (casessupreme)
So, talking about civil liability and data protection in India for data unauthorized access which was covered under the Technology Act, 2000 and it provides for civil liability just in case of database theft, computer trespass, unauthorized digital copying, downloading, and extraction of data, privacy violation, etc. Furthermore, there are also Section 43 provides for penalty for an honest range of cyber contraventions such as following:-
(a) It is related to unauthorized access to a computer, system, network or resources.
(b) It also states about the unauthorized digital copying, downloading and extraction of data, computer database or information, theft of data held or stored in any media.
(c)It also provide the introduction of any computer contaminant or bug into any automatic data processing system or computer network
(d) The unauthorized transmission of knowledge or program residing within a computer, automatic data processing system or computer network.
(e)There is computer data/database disruption, spamming, etc.
(f) We can’t deny with the facts of service attacks, data theft, fraud, forgery, etc..
(g) There is also unauthorized access to computer data/computer databases.
(h) There is also instances of information theft like passwords, login IDs, etc.
(i) It may be destroys, deletes or alters any information residing during a computer resource, etc.
(j) It may steal, conceal, destroy or alter any computer ASCII document used for a computer resource to cause damage.
- Now, talking about Criminal liability and data protection which is also provided under the Technology Act, 2000. It provides for criminal liability just in case of database theft, privacy violation, etc. The Data Technology Act, 2008 makes wide-ranging amendments in Chapter XI with Sections 65 to 74 which cover an honest range of cyber offenses, including offenses associated with unauthorized tampering with computer source documents, dishonestly or fraudulently, etc and doing any act mentioned in Section 43. It consists of the following information:-
- Sending offensive messages through communication service or dishonestly receiving stolen computer resource or communication device, fraud, cheating by personating or by using computer resource, violation of privacy, cyber terrorism. It may transmit material in electronic form, transmitting of material containing sexually explicit act, etc. (lexology)
- In electronic form, transmitting of cloth depicting children in sexually explicit act, etc. in electronic form, any intermediary intentionally or knowingly contravening the provisions of sub-section (1) of Section 43, an individual intentionally or knowingly failing to suits any order of controller, interception or monitoring or decryption of any information through any computer resource, blocking for public access of any information through any computer resource, intermediary contravening the provisions of sub-section (2) of Section 69. (mondaq)
- By refusing to produce technical assistance to the agency authorized by the Central Government to look at and collect traffic data or information through any computer for cybersecurity, securing access or attempting to secure access to any computer resource which directly or indirectly affects the ability of Critical Information Infrastructure, any misrepresentation to or suppressing any material fact from the Controller or the Certifying Authority, breach of confidentiality and privacy, disclosure of knowledge in breach of a lawful contract, publishing electronic signature certificate false in certain particulars and electronic signature certificate for any fraudulent or unlawful purpose.
India doesn’t have specific data protection legislation, other than the IT Act, which may give the authorities sweeping power to look at and collect traffic data, and possibly other data. The IT Act doesn’t impose data quality obligations in relevancy personal information and doesn’t impose obligations on private sector organizations to disclose details of the practices in handling personal information.
Section 72 provides for penalty for breach of confidentiality and privacy as meaning person securing access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, register, correspondence, information, document or other material to the opposite person. Section 72 also explains and covers the law of privacy and asserts that disclosure of information in breach of lawful contract. (elplaw)
Consequences for disclosure
As we are so much worried about the discloser of our personal information so as a result, our system provides us the relief and Punishment for disclosure of knowledge in breach of lawful contract. Also, it provides during the Act or the opposite law for the effective, someone including an intermediary who, while providing services under the terms of a lawful contract. It has secured access to any material containing personal information about another person, with the intent to cause or knowing that anyone likely to cause wrongful loss or wrongful gain discloses, without the consent of the person concerned, or in breach of a lawful contract, such material to the other person. It will very dangerous for our day to day life. Amounts to a breach of privacy and provides for punishment for a similar. Sections 66, 72, and 72 require the consent of the persons concerned but within a limited scope, because it might be difficult to consider that it could provide a sufficient level of private data protection. (wikipedia)
These sections confine themselves to the acts and omissions of these persons who have conferred powers under the Act. These sections provide for monitoring violation of privacy, breach of confidentiality and privacy, and disclosure of information in breach of lawful contract. Breach of confidentiality and privacy is aimed toward public and private authorities, which are granted power under the Act. In District Registrar and Collector v. Canara Bank, the Supreme Court said that the disclosure of the contents of the private documents of its customers or copies of such private documents, by the bank would amount to a breach of confidentiality and would, therefore, violative of privacy rights of its customers.
The right to privacy is recognized in the Indian Constitution but its growth and development are entirely left at the mercy of the judiciary. In today’s connected world it’s totally difficult to prevent information to escape into the final property right if someone is set to position it out without using extremely repressive methods. Data protection and privacy has been addressed within the knowledge Technology Act, 2000 but not in an exhaustive manner. The IT Act must establish the setting of specific standards concerning the methods and purpose of assimilation of the right to privacy and personal data. We may conclude by saying that the IT Act is facing the matter of protection of data and a separate legislation is much needed for data protection striking an efficient balance between personal liberties and privacy. (carnegieindia)
carnegieindia. (n.d.). carnegieindia. Retrieved june 20, 2020, from https://carnegieindia.org/2020/03/09/will-india-s-proposed-data-protection-law-protect-privacy-and-promote-growth-pub-81217
casessupreme. (n.d.). supremecourtcases. Retrieved june 20, 2020, from http://www.supremecourtcases.com/index2.php?option=com_content&itemid=5&do_pdf=1&id=23269#:~:text=The%20right%20to%20privacy%20refers,and%20disclosure%20of%20personal%20information.&text=But%2C%20the%20data%20of%20individuals,privacy%20rights%20are%20not%
elplaw. (n.d.). Retrieved june 20, 2020, from http://elplaw.in/wp-content/uploads/2018/08/Data-Protection-26-Privacy-Issues-in-India.pdf
lexology. (n.d.). Retrieved june 20, 2020, from https://www.lexology.com/library/detail.aspx?g=d1edde8f-71b9-49cb-b333-35fcae73402b
mondaq. (n.d.). mondaq. Retrieved june 20, 2020, from https://www.mondaq.com/india/privacy-protection/801302/data-protection-and-privacy-in-india
wikipedia. (n.d.). wekipedia. Retrieved june 20, 2020, from https://en.wikipedia.org/wiki/Information_privacy_law