Professional Documents
Culture Documents
SUBJECT
CYBER LAW
TOPIC
Right to privacy under Cyber Law
Malvika Bajpai
INTRODUCTION
The right to privacy has been held by the Hon’ble Supreme Court 1
as an integral part of the fundamental right to life under Article 21
of The Constitution of India. Privacy concerns exist wherever
uniquely identifiable data relating to a person or persons are
collected and stored, in digital form or otherwise. In some cases
these concerns refer to how data is collected, stored, and
associated. In other cases the issue is who is given access to
information. Other issues include whether an individual has any
ownership rights to data about them, and/or the right to view,
verify, and challenge that information
various types of personal information often come under privacy
concerns. For various reasons, individuals may not wish for
personal information such as their religion, sexual orientation,
political affiliations, or personal activities to be revealed.2
1
R. Rajagopal v. State of T.N. [(1994) 6 SCC 632]
2
http://astrealegal.com/right-of-privacy-in-the-light-of-cyber-law; 03/02/2014; 06:32 p.m
This may be to avoid discrimination, personal embarrassment, or
damage to one’s professional reputation.
3
http://astrealegal.com/right-of-privacy-in-the-light-of-cyber-law; 08/02/2014; 12:45 p.m
The firm puts all its experience into use in handling cases arising
out of:
4
http://perry4law.org/cecsrdi/?topic=privacy-rights-and-laws-in-india; 08/02/2014; 01:00 p.m
It is safe to assume that the privacy of individuals is certainly a
concern of the law. Taking this as a given, we can go on to
examine what the legal and policy response is and what it ought
to be. Fundamentally, there are various approaches that may be
taken:
Legislation
Self-Regulation
Reliance on Trustworthy Third Parties who will set and
enforce standards
Most legal systems will be a mixture of these approaches,
something that can easily be seen in the US.
The Federal Trade Commission (FTC) has made a key role in the
development of the response of the US Federal Legal system to
the issue of information and data. In 1998, it brought out a report
called Privacy Online, which was a report to the Congress which
was the result of a three year privacy initiative. The report
recognised of four core principles:
1. Notice Principle:
Consumers must be given notice of an entities information
practices.
2. Choice Principle:
They must have a choice with respect to use and
discrimination of information.
3. Access Principle:
Data provider should have access to current data.
4. Security Principle:
Consumers must have sufficient security from the data
collector.
DATA PROTECTION IN UK
The Data Protection Act, 1998 came into force recently, on the 1 st
of March, 2000. It lays down rules for processing personal
information and applies to paper records as well as those held on
computers. The Rules provide that anyone processing personal
data must comply with the eight enforceable principles of good
practice. That data must be:
5
The online SEAL programme require these licenses to abide by course of online information practices and to
submit to various types of complaints, in order to display a SEAL on their website.
CONCLUSION
True, the right to privacy is recognised as inherent in the right to
life with dignity in Article 21 and the right to freedom of speech
and expression in Article 19. Neither of these can and should e
allowed to stand as an impediment in curbing activities
prejudicial to national security and interests. Not surprisingly,
both these rights contain express conditions when they may be
deprived.
Kamath
http://perry4law.org/cecsrdi/?topic=privacy-rights-and-laws-in-
india
http://cyberlawsinindia.blogspot.in/2011/04/draft-right-to-privacy-
bill-2011-of.html
http://astrealegal.com/right-of-privacy-in-the-light-of-cyber-law