This article has been written by Gopal Podhade pursuing a Test Prep Course for Cracking Certified Information Privacy Manager (CIPM) from Skill Arbitrage.

 This article has been edited and published by Shashwat Kaushik.

Introduction

Privacy and the internet have various aspects to discuss; nowadays, privacy has become more important to every individual.

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As the internet becomes an essential part of your daily life simultaneously, privacy also follows.

If we refer to the Indian constitution, then we can find that privacy is a fundamental right protected by the Indian constitution. We have freedom of speech in the same way we have the right to privacy, which is protected by our constitution.

As the internet started growing and developing every day, the various aspects related to the internet also started rising, such as online fraud, cyberattacks, online extortion, and online attacks on someone’s computer.

What is privacy

A perfect definition of privacy is not available; however, many experts try to define it. Privacy is a human right enjoyed by every human being in his/her existence.

It has international recognition as privacy is recognised in the Universal Declaration of Human Rights-

Article 12 of the Universal Declaration of Human Rights, 1948 and Article 17 of the International Covenant on Civil and Political Rights (ICCPR), 1966 protect a person legally from arbitrary powers. In the context of India, the right to privacy is defined under Part III of the Constitution and the Indian judiciary has the biggest role to play in recognising and establishing the real regime of privacy in India from the very beginning, with various presidents given by the apex court in India.

What is internet

The Internet is a global network that connects computers all around the world. It is a medium for exchanging and transferring data at any time and anywhere in the world.

We use the internet to exchange data and transfer data from one source to another. It becomes cost-effective and takes less time. Sharing information is the most important aspect of the internet and information contains all kinds of information, whether it is private or public. Private information contains personal information that is being processed and stored.

Internet and privacy

As we all know, the digital evolution has incredibly enhanced people’s ability to explore anything and enjoy their fundamental rights through the digital medium. Though we have many benefits from digital media simultaneously, some non-useful ways may cause harm to these rights that we have as human beings. Many things are not good or unwelcoming for us if we are using this digital platform carelessly. We have witnessed much news or stories of harassment through the misuse of data.

Though we are familiar with these mediums, there are still many things that can trigger us, and we might not have that much technical understanding when getting into them.

Most people would agree that the internet has made life far easier in many different ways, as I mentioned above.

We can perform multiple tasks with a single click, which include everything from ordering toothpaste in the morning to having dessert after dinner.

We have various choices to watch as many entertainment programmes as we want from any of the countries in the world and from anywhere at any time.

There is no restriction on it; even if I can have my dinner with just a click of a smartphone, within a small-time interval, my food will be ready, and I can have dinner or lunch at the place where I was sitting.

I can book my hotel, train or plane ticket wherever I want to go just by clicking.

See how innovative this is  and how interesting it is.

Despite all the benefits we are getting from the internet and modern, developed technology, all our business and personal information is on the internet because of the multiple available services.

Still, there is another side that we have to consider. Nowadays, many people are concerned about their privacy and how their data is being used and stored.

Some of the ways in which our privacy has been affected

As we know, there is so much information available online that there are several ways that can affect the privacy of common people. Several activities are being performed, which include online fraud, online extortion, and the threat or defamation of doing some illegal activity, which includes monetary loss or any kind of mental instability.

Social media

As we know, many people nowadays are very used to social media, and they are using it continuously. They are sending all their activities online on their social media platforms, including their location, which also includes some personal information that we are not supposed to share. We spend lots of time on social media, and even we give all the information that is so personal to us that where we are going, what our plans are, and what activities we are going to perform in next few days

By performing such things and by doing such acts, we can face different situations that are very unwelcoming and may lead us into trouble.

Hackers can watch our activities, and they can use our information for any kind of malpractice, so we should be more careful while doing or sharing such things.

Eye on our activities

Whenever we perform any activity online, we have to be very careful because someone can put a check on our activity. For example, whenever we use an online payment method, we should use an authentic way to perform that operation.

We should not use any insecure way to perform any translation that can lead us to any financial loss or that can use our data or the password we use for more fraud. Such fraud can be committed by performing any illegal activity that can lead to criminal consequences.

Cyber activity

There are various activities that can be done by the person who has our data. The person can use that to defraud us by seeking any illegal ways. Mainly nowadays, there is a trend going on in which hackers can hack our social media accounts, and they demand money from us, any of our near relatives or any member of our family with whom we are connected on social media. There are some commonly connected examples, which I would like to elaborate on here :

Firstly, one of my friends took a loan from an online app, and he gave all related documents to that app After the money became due, he paid the amount through that app only, and one day he called me and told me that I was scammed by some scammer.

I asked him what exactly had happened, and he told me someone had created a WhatsApp group from his one contact list, which he did not provide to the app and that person was asking him for money and in fear, he gave him the money that was asked for.

The created WhatsApp group has some banners and news articles that were supposed to defame him or make him a criminal in other people’s eyes.

As I am a lawyer, I just told him not to worry and filed a complaint with the cyber cell of a nearby district, and he did the same, and it was almost sorted out after filing the complaint.

The point to be noted here is how those people came to know his contact list.

How did those people find the people who were added to that WhatsApp group to be his near relatives?

And here is one more point to be noted, he did not even explain or tell about this loan that he took from that app. Based on this real-life experience, I can say our privacy is being compromised and our data is being used for some illegal purpose, which can be very harmful to us.

This is above, and there are many other examples that we have seen, read, or heard. The important thing is to remember that in any way, our privacy is being affected, and it will have some serious effect on our human rights, which are given to us by the constitution of that particular country. These effects of the so-called internet, which make the world closer and are rapidly growing, affect the privacy of individuals.

Laws governing internet privacy in India

The legal framework governing internet privacy in India is complex and evolving. Several laws and regulations address different aspects of internet privacy, including the collection, use, and disclosure of personal data.

The Information Technology Act of 2000 (IT Act)

The IT Act is the primary law governing internet privacy in India. It includes several provisions that protect the privacy of individuals in the digital age, including:

  • The right to informed consent: Individuals must be informed about the collection, use, and disclosure of their personal data before it is collected.
  • The right to access and correct personal data: Individuals have the right to access their personal data held by organisations. They can also correct any inaccurate or incomplete data.
  • The right to be forgotten: Individuals can request organisations to delete their personal data if it is no longer necessary for the purpose for which it was collected.

The Right to Information Act of 2005 (RTI Act)

The RTI Act gives individuals the right to access information held by public bodies. This law can be used to obtain information about how government agencies are using personal data.

The Indian Telegraph Act of 1885

This Act governs the interception of communications. It requires government agencies to obtain a warrant before they can intercept communications and prohibits the interception of communications for commercial purposes.

The Personal Data Protection Bill of 2019

The Personal Data Protection Bill is a proposed law that would comprehensively regulate the processing of personal data in India. The bill includes several provisions that would strengthen the protection of individual privacy, such as:

  • The requirement for organisations to obtain consent before collecting, using, or disclosing personal data.
  • The right of individuals to access, correct, and delete their personal data.
  • The creation of a Data Protection Authority to enforce the law.

The Personal Data Protection Bill is still under consideration by the Indian Parliament, but it is expected to be passed in the near future.

Conclusion

There are various studies that have shown that the internet is causing data breaches and some serious concerns are arising from these mediums, which we are using for entertainment and to save our time, but things should be done in the right manner so that it won’t cause any difficulty to any individuals.

Many countries in the world have started working on it and finding the solution to these digital problems so that people can smoothly enjoy their fundamental rights without any hesitation. It is also the responsibility of individuals to protect their data and use these mediums with proper care and due diligence so that we can minimise this threat. People should use authentic sources of information and certified and secure websites for their own use, with the utmost priority given to our privacy.

References

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