Abstract

This research paper deals with the issue of Privacy in Indian context with relevance to the challenges
in three distinct dimensions like Legal, Technical and Political domain. I’ve suggested framework to
tackle down these challenges. Advancement in technology like Mobility (Geographic Information
Discovery), data mining, Cloud computing etc. brings unforeseen challenges and one amongst them is
the challenge related to the threat to “privacy”. Nowadays we can access any data associated with
anyone from any place at any instance, however this gives rise to new threat to personal and
confidential information. The acceptance of technology in the whole world, that has been made
possible through Globalization, as per the growing demand, has pushed various countries to have a
comprehensive legal framework for their respective countries like the Data Protection Act(1998) in the
Great Britain, the Electronic Communication Privacy Act(1986) in the United States of America and
many more, from time to time, however in many Asian Countries there’s no such comprehensive legal
framework that deals with the privacy issue. To handle major cyber challenges, we are habitual of
referring ITA Act (The Information Technology Act) 2008 that was fabricated with the motivation to
facilitate e-commerce and thence the privacy issue wasn’t of primary concern in the act. This
suggestive framework provides comprehensive answer as per the present and future needs of privacy
in the Indian state of affairs. As justifiably aforementioned “true power of any law lies on its ability and
easy enforcement”.

Introduction
Privacy, in literal sense, may have various meanings and interpretations as per different perspectives
and scenarios. Probably this was our culture and living style or the anticipation about upcoming and
fast-growing technology that has not compelled the lawmakers to include the issue of privacy while
framing the legal structure for nation. At this point, we shall prefer to define the term “Privacy” over
the discussion if the same in the Indian Perspective. The word privacy traces its origin back to the
Latin word “Privatus” which essentially means “separate from the rest” [1]. It can be defined as
capability of an individual or group secludes themselves or information about themselves and thereby
reveal themselves selectively. What we can sum up from the term of Privacy, as far as an individual is
concerned, is the right of freedom to choose who can access their information, when can their
information be accessed and what is the particular chunk of information that can be accessed. Article
21 of the Indian Constitution defines Privacy as the right to personal liberty. As provided by the Apex
Court of India in the case of Unni Krishnan V. State of A.P., the list of rights covered under Article
21, included the Right to Privacy as well [13]. As far as definition of Privacy at an international level
is concerned, in terms of human rights [2]it is recognised in different dimension as
Privacy of person
Privacy of personal behaviour
Privacy of personal communication
Privacy of personal data.
In literal as well as practical sense, Privacy and Confidentiality differ from each other. We often tend
to use the words information security, confidentiality and privacy alternatively but these words have
different meanings and different scope.