DATA PRIVACY LAW

INTRODUCTION

Data had virtually covered everything now a days. Over last few years there is a substantial increase in the generation of the data. Data has surrounded us in all the aspects. In this new age of free access of internet, data is become the new currency. Data is generated whenever we do anything even the small things like ordering a meal or shopping online or using transport like Ola, Uber. Inshort data is everywhere. As the technology is expanding it is also enhancing the value of data. As the value of data is increasing there are several companies which are paying to access this data.

DATA PRIVACY LAW IN INDIA

Data is basically an electronic information which is held by the private or public service providers. And this business of buying and selling of data by the companies is widely being done. Data’s are being purchased by the companies and they access this data for their businesses without the permission of the person whose data they are using. There is breach of privacy is happening on a large scale where the personal data of the people are being purchased and accessed. Section 2(1) (o) of the Information Technology Act, 2005 defines the meaning of “data”. However, the concept of data is restricted in both electronic information and physical form.

Since last couple of years there is substantial increase in the amount of data due to which selling of data has become a huge business. There is no privacy of data since last few years. People are often confused about the confidentiality of their data and personal information. In India right to privacy is an integral part of right to life and personal liberty, which is again a fundamental right given under the Indian Constitution. Under Indian judiciary also there is a lot of importance given to the right to privacy. There is no doubt that business efficiency is involved and accessing the personal data for their own profits.

The right to privacy should not be interfered in any case by the third person. Article 21 of the Indian Constitution provides that, no person shall be deprived of his life or personal liberty. Government of India had also provided a legal framework of data protection and privacy under the Information Technology Act, 2005. The Personal Data Protection Bill, 2018 is also introduced to deal with the data privacy issues in our country. Also under the section 8 of the Right to Information Act, 2005 where it is mentioned not to use the personal information. Despite of having these many legislation in India there is still high breach of data and misuse of data is happening.

CONCLUSION

Due to lack of comprehensive legislature India is facing such problems and still we are not able to protect our data. Even data protection laws are not specifically stated under any statute yet. It is being felt that the dedicated data protection law would be more impactful and impetus for the data privacy in India. And this will also create confidential data structure in our country.

Hence, in my suggestion there should be one proper and strict legislation to be made to protect the personal data of the people. Privacy of data is one of the most important factor we can say in today’s digital world. Therefore, having a legislature completely focusing on the privacy of data in India will be more helpful to keep confidentiality of data and also it will help to secure personal details which are shared on the digital platforms.

BY: ANUP UPADHYAY, LAW STUDENT