Privacy & data protection


Right to privacy
    • Refers to the concept that one's personal information is protected from public scrutiny
Issues
    • Global Surveillance Disclosure, 2013
    • Snowdown Revelation
    • Under the pretext of combatting terrorists, controversial agencies such as the NSA, CIA, RAW, GCHQ, and others have engaged in mass global surveillance, undermining the right to privacy.
    • Right to Privacy v/s National Security
    • Governance Convenience for Public welfare and Right of Individuals
      • Aadhaar
    • Misuse for Political purpose
    • DNA profilling
Current situation
or Facts
    • Not a fundamental right (under article 21) Kharak Singh Case
    • Safeguards included in CrPC
    • Rajagopal Case : is a FR
    • Puttoswamy Judgement, Right to Privacy is a Fundamental Right, under article 21
Forms
    • Narco
    • 377
    • Apple
    • Search and Seizure
Telephone Tapping (interception)
    • Authorised under Indian Telegraph Act. 1985
    • PUCL case : Unauthorised tapping is violate of article 21
      • Guideline laid
      • Can be only for interest of sovereignty, security, integrity, friendly relation and public order
      • Prevent incitement of offence
      • Can only be authorised by home secretary for 2 months at a time
Collection of Biometric data
    • Government
      • Not a FR
Private Companies has huge Data like Facebook,
    • Big Data
    • Sale and purchase of Data
    • Leak and hacking of Data : Yahoo
For
    • India is a signatory to International Covenant on Civil and Political Rights which acknowledges it
    • SC: Right to liberty and freedom of expression cannot survive without right to privacy
    • Constituent assembly : also recognised well defined privacy law
    • Section 8 of RTI prohibits disclosure of  information which serves no public purpose and amounts to invasion of privacy of third person
Justice A P shah Committee
    • A privacy law:  to protect privacy and personal Data
    • Privacy Commissioner: at centre and State to protect and safeguard the interests of citizen
    • Violation : only in National Security
    • Triple test for privacy
Steps taken 
    • Case by case it upheld like police, Doctors, interceptions of telephones
    • Various safeguard and other mechanism
    • Educate the users
    • Data encryption standards
    • Strict law and penalty for defaulter
    • Internet rules and regulation
Threats
  • Is not from the government, but from the private institution
  • Technology is changing
    • e.g. Routes by Uber
    • Call details of telecomm companies
  • Just for free and convenience we leaks our inforamtion like free downland
  • Collusion of government and private entities is the biggest threat
    • Because they have all type of information
  • Can technology be stoped ? Due to privacy
  • Current disccussion are revolving around the AADhar only



SC 9 Judge Bench
    • Government
      • Data Protection by Law no fundamental rights
    • Supporter
      • Interlinking the various Data including Social Media
      • HIV+, illegal affair etc. will be surfaced
      • Government can misuse the data by army, police
      • Phone-tapping judgement was vey liberal and should not be repeated
      • Surveillance will be difficult, personal data will not be public, will not be able to interlink data
      • Future
        • Technology is growing more and more like IoT, big data, hacking, AI, and R to Privacy cannnot be defined completely in today's circumsttances , and these technology will harm the privacy so there is need to R to Privacy
Supreme Court Judgement
    • Features
      • R to Privacy is a fundamental right under article 21
    • Implication
      • Government
      • ISP
      • Section 377
      • Aadhaar
    Must Pass Triple test:
    • Should be backed by a statue.
    • Should have a legitimate state interest
    • Should have be balanced be test of proportionality



Data Protection committee
    • B N Srikrishnana commitee
      • Multi-dimensional privacy
      • Horizontal applicability to state and non-state entites
      • Co-regulatory enforcement regime
      • Conformity with the privacy principles
      • Technological neutrality and interoperability with international stanndards

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