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Privacy and Data Protection

Right to privacy is recognized under Article 21 of the Indian Constitution as a fundamental right, though not expressly mentioned. Data protection aims to limit intrusion into privacy from collecting, storing, and sharing personal information. There is conflict between privacy and data use. India lacks a comprehensive data protection or privacy law, though the Information Technology Act 2000 contains some provisions. The Act deals with compensation for wrongful disclosure or misuse of private data and punishment for violating contractual terms. Key sections address liability for negligence in maintaining security practices, criminal penalties for disclosing personal information without consent, and extraterritorial application of the Act. A separate data protection law is still needed to better balance privacy and data use in India.

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Aloukik Sharma
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166 views

Privacy and Data Protection

Right to privacy is recognized under Article 21 of the Indian Constitution as a fundamental right, though not expressly mentioned. Data protection aims to limit intrusion into privacy from collecting, storing, and sharing personal information. There is conflict between privacy and data use. India lacks a comprehensive data protection or privacy law, though the Information Technology Act 2000 contains some provisions. The Act deals with compensation for wrongful disclosure or misuse of private data and punishment for violating contractual terms. Key sections address liability for negligence in maintaining security practices, criminal penalties for disclosing personal information without consent, and extraterritorial application of the Act. A separate data protection law is still needed to better balance privacy and data use in India.

Uploaded by

Aloukik Sharma
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Right to privacy and Data protection

Right to privacy may be a multifaceted concept. It’s been recognized both in eyes of law


and in common parlance. Privacy though not expressly provided under the Constitution, it
impliedly takes into it the proper to privacy as personal liberty guaranteed under article 21,
Supreme Court in Justice K.S. Puttaswamy (retd.) &Anr vs. Union of India and Ors case.
The protection under Article 21 isn't absolute and is subject to certain restrictions.
Data Protection refers to the set of privacy laws, policies and procedures that aim  to
attenuate intrusion into one's privacy caused by the gathering, storage and dissemination of
private data. the info protection may include financial details, health information, business
proposals, property and sensitive data. There’s an inherent conflict between right to privacy
and data protection.

India doesn't have a fanatical law on data protection and privacy. India has also not adopted
any international instruments on privacy or data protection. Specific provisions on privacy
are found within the Information Technology Act 2000 (IT Act).

The (Indian) Information Technology Act, 2000 deals with the


problems concerning payment of compensation (Civil) and punishment (Criminal)  just in
case of wrongful disclosure and misuse of private data and violation of contractual terms in
respect of private data.

Three main provisions of IT Act handling data protection and privacy.

1. Section 43A of the IT Act, where a body corporate, possessing, dealing or handling any
sensitive personal data or information during a computer resource which it owns, controls or
operates, is negligent in implementing and maintaining reasonable security practices and
procedures causes wrongful loss or wrongful gain to a person , such body corporate are
going to be susceptible to pay damages by way of compensation to the person so affected.

2. Section 72A provides for criminal punishment if, within the course of performing a


contract, a service provider discloses personal information without the consent of the person
concerned or in breach of a lawful contract and he or she does so with the intention to cause,
or knowing he or she is probably going to cause, wrongful loss or wrongful gain.
It is to be noted that s 69 of the Act, which is an exception to the overall rule of maintenance
of privacy and secrecy of the knowledge , provides that where the govt is satisfied
that it's necessary within the interest of the sovereignty or integrity of India, defense of
India, security of the State, friendly relations with foreign States, public order, for
preventing incitement to the commission of any cognizable offence concerning above, for
investigation of any offence.

3. Section 75 of the IT Act stipulates that the provisions of the IT Act shall apply to an
offence or contravention committed outside India by a person if the act or conduct
constituting an offence or contravention involves a computer, computing
system or network located in India.

The right to privacy is recognized within the Constitution but its growth and development is
entirely left to the mercy of the judiciary. In today’s connected world it's very difficult to
stop information to flee into the general public domain if someone is decided to place it out
without using extremely repressive methods. Data protection and privacy has been dealt
within the knowledge Technology (Amendment) Act, 2008 but not in an exhaustive manner.
The IT Act must establish setting of specific standards concerning the methods and purpose
of assimilation of right to privacy and private data. To conclude it might suffice by saying
that the IT Act is facing the matter of protection of knowledge and a separate legislation is
far needed for data protection striking an efficient balance between personal liberties and
privacy.

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