Impact of Social Media on privacy laws in India.
(This Article is written by Bhoomika Gupta ,B.A.LL.B
(hons) 1st year ,C.M.P Degree college ,University of Allahabad ,prayagraj)
Abstract
In the epoch of technological Era, Social Media plays a very crucial role in our daily lifestyle. It will be not wrong if we say that the life of a person revolves around Social Media like for news ,surfing , online shopping ,online education , bill payments and many more.In this Article it is discussed that how Social Media has an impact on Privacy laws in our country India . This Article revolves around Social Media and it’s advantageous and disadvantageous Impact on the privacy laws existing in India. Further it indicates how existing laws are able to tackle the privacy concerns and where they lacks and where there gap s which needed to fulfilled for the greater efficiency of our existing laws .Further it is discussed that how case laws give rise to evolution of privacy laws in India. Through the Social Media platform one can get aware of their rights of their privacy rights and cybercrimes. Through this Article it can be understand that the Impact of Social Media on Privacy laws in developing country like India and how the evolution in privacy laws have occurred.
Keywords- Technological Era ,Information Technology Act , Fundamental right , UDHR , Social Media ,
Introduction
“Privacy is not an option and it
shouldn’t be the price we accept for just getting on the internet.”
-Gary
Kovacs
In this technological Era, Social Media
have became indispensable part of our day to day life. It enables user to communicate
,interact and swap information,their point of view, perspective about any subject
matter.Increment in social media platforms leads to the increment in connection
between the individuals .In epoch of technology ,the impact of social media
have both advantageous and disadvantageous perception. Access of sensitive data
of our Country , as in this digital era data iseasily accessible at global platformcan
be threat to the privacy of our country’s citizen and any other critical
information of Data .There must be a law regulating the use of Data ethically.
Data in itself is a dominant but with the support of law it will became accessibly
regulated. Dueto the increment in social media user it became essential to
protect the privacy of these individualswhich gives rise to the privacy laws in
India like Information technology Act 2000 and The Digital Personal Data
Protection Act ,2023. Internationally In
1984 ,privacy was acknowledged through the Universal Declaration Of Human
Rights ( UDHR) in the context of Article 12(4).
Privacy Laws in India
·
Information Technology Act ,2000.
Section 3(2) of the Act further state that it have it’s jurisdiction in all over the India and also it also applies to any offence thereunder committed outside India by any person .[1]
Section 4 of the Act further state that legal recognition of the electronic work should be done .[2]
Section 16 of the Act further talks about the Security procedure and practices that the Central Government may for the purpose of Secure electronic record [3]and Secure electronic Signature[4]prescribe the security procedure and practices and the Central Government have it’s jurisdiction to make rules as it may deemed necessary.
Further this Act provides a legal framework for dealing with laws relating electronic media like cyber laws , protection of the privacy of an individual , it further have provisions regarding the cyber crimes ,misappropriation of Data and many more. It is also stated that the companies have liability to take consent of the user or their consumer before using or fetching their personal or sensitive information .It further impose punishment for the cyber crime ,data theft and many more .
· Digital Personal Data Protection Act, 2023 .
This Act provides protection to individual’s rights and their Right to privacy for their data .There should be the ethical use of the personal data provided by the individuals .In this Act it is further stated that punishment which will be awarded for the breach of the law relating Privacy or misappropriation of Data or any other breach regarding data use .There is also provisions for data protection regarding minors.
Case laws relating Right to privacy
· Justice K.S.Puttaswamy (Retd) vs Union of India 2017[5]
In this landmark case ,there was a bench of nine Judges who further held the Right to privacy is the fundamental right of the citizen of India under Article 21 of the Constitution of India which states about the Right to life and personal liberty. It was also stated that privacy is natural right which individuals must have ,to avail of their control over their privacy .
Whether the Aadhaar Act violates the privacy rights or not ,is it constitutional or not ? This was one the the issue discussed in the above mentioned case . Aadhaar card have all the sensitive information regarding the individual like their biometrics , Address , Date of birth and having such information about any Individual can create threat to their Privacy right and individual freedom .
The honourable Supreme Court of India declared that the Right to privacy is a Fundamental Right under the constitution of India .
The Judgement given in the case of M.P Sharma v. Satish Chandra
,District Magistrate ,Delhi (1954) and Kharak Singh v. State of U.P
& Ors (1963)was Countermand in this case by the honourable Supreme Court of
India .
· Govind vs State of Madhya Pradesh & Anr (1985)[6]
In this case the petitioner Govind an accused Sue the Respondent State of Madhya Pradeshas he claim that he was subject to the consistent scrutiny which violates his Right to privacy. According to the Madhya Pradesh police regulations which states that accused or suspected person are addressed and are subject to consistent consistently .The constant and regular visits to the suspects home for the scrutiny to ensure that they are not involve in any type of offence.
In this case the court dismiss the claim of petitioner . It was further held by the court that Right to privacy under Article 21 is implied but it is not applied absolutely as there are some circumstances where reasonable restrictions must be applied.
Section 46(2)of The police Act, 1961States that the Government have rights in making rules for the prevention of crimes .
Impact of Social Media on Privacy laws in India
Social Media have both advantageous and disadvantageous aspects in the context of Privacy or laws relating to the privacy.Access of user’s Data at global platforms Facebook ,Instagram, threads , Apps like any music apps,educational apps and many more. Whenever we sign in into any of the platform either globally or within the country they shares the data further according to their profit seeking context.The rise of Social Media clearly affect the privacy laws in India as it increase the need for privacy laws for the protection of one’s sensitive information.
·
Advancement in knowledge
System
The rise of Social Media leads to the awareness regarding the Social issues and also it is useful for spreading awareness regarding the privacy laws, making people aware of their rights and liabilities in the context of Privacy laws . Through the easy access of Social media to every individuals leads to the knowledge about the current privacy laws which helps in individual’s rationality about their privacy rights. Social media guide the user about digital literacy which is empowerment of the user as they have information regarding the platform or in any other matter .
· Free speech
By the increment of Social media ,it can be infer that the rise in the right of free speech of an individual has occurred. One can put his point of view or talking infront of others through various Social media platform .By having a right of free speech one can always put his voice up if his right to privacy is violated even by the government or government’s officials .Infringement on one ‘s rights can be questioned through the free speech as spreading the talks through Social Media is easily accessible to the people.
· Awareness regarding cyber security
As in the increasing digital era ,we can also see the increment in crimes relating the digital context like cyber crimes which is done online through cyber criminals. Social Media in this context plays a crucial role in spreading awareness regarding cyber crimes by making people aware so that they won’t share their sensitive information to any of unknown or suspected platform. Making strong password , not clicking on any unknown links , pdf or images, be aware of spam calls land messages all these information of awareness is spread through the Social media .
·
Transparency and
Accountability
Social media provides transparency and Accountability in the Social platforms. Always before signing into any website or platform it take sour prior permission showing it’s terms and conditions regarding platform which provides transparency in the platforms .
There is a Accountability as they are questioned if the privacy of any individual have threat .
Criticism
Rapid increase in Social Media user leads to the increment in crimes also like cyber crimes ,cyber bullying , data theft , concerns relating privacy of an individual, misappropriation of one’s data or any sensitive information ,breach of data and many more . Harassment at online platform , Defamation are the concerns one ‘s face on the Social media platform .There are various privacy concerns an individuals faces as above mentioned above . Identity theft is one of the major privacy concerns as it involve the theft of person’s identify for any unfair use ,misappropriation of the data .Hacking can be dangerous for privacy of an individual as Hacker’s hacks the accounts of the users which leads to control of their account in hands of that hacker and they use it as a very dangerous weapon for their profit. Sometimes Many websites or platforms makes their terms and conditions with complexities so that it can be difficult for the individual to understand which can leads to the misrepresentation of the information by the individual as they unable to tackle the cleverness of the platforms.Social Media platforms tracks user ,their search engines ,their messages, callings to provide with an targeted advertisement regarding their wants. Some times it is seen that the existing privacy laws cannot cooperate with the Social media advancement as they lacks somewhere like where they have no jurisdiction about the matter or like for not having any precedence laws for that particular matter.
Conclusion
Advancement and rapid increment in Social media leads to the Advantages and challenges both in the context of Privacy laws in India . Social Media platforms shares the data of an individual further according g to their profits which leads to the privacy concerns like data breaches, misappropriation of Data, Scrutiny on their search engines and their accounts . Currently in India the case relating this are governed under The Information Technology Act 2000, which give access to the legal framework of these concerns .Further The Digital Personal Data Protection Act 2023 came into the figure which was passed in 2023 by the legislation for protecting the privacy concerns of an individual. The Introduction of these Acts were crucial as they also uphold the democratic values for the welfare of the society . As Social Media have became indispensable part of our daily life for news to shopping, we have an strong increment in 9ur screen timing as all the daily basis things can be done online like grocery shopping, payments of any bills and many more .Impact of Social Media have it’s advantageous side like Advancement in knowledge System, free speech ,Awareness regarding g cyber security ,transparency and Accountability. India is a developing country with highest population in the world ,it is common for us to get privacy concerns as in the densely populated country sometime it became difficult to tackle the privacy concerns of all the citizens but the Introduction of the laws relating g to privacy have figure out these problems to some extent but still gap are there but with advancement in the privacy laws can tackle this issue and concerns regarding g the privacy .
Bibliography
· https://www.brainyquote.com/quotes/gary_kovacs_555281?src=t_privacy
· https://blog.ipleaders.in/data-protection-laws-in-india-2/
· https://www.indiacode.nic.in/bitstream/123456789/13116/1/it_act_2000_updated.pdf
· https://cleartax.in/s/it-act-2000
· https://en.m.wikipedia.org/wiki/Digital_Personal_Data_Protection_Act,_2023
· https://indiankanoon.org/doc/436241/
· https://blog.ipleaders.in/govind-versus-state-of-madhya-pradesh/
· https://www.lawctopus.com/academike/social-media-laws-and-its-implications/amp/
[1]The Information Technology Act ,2000, § 3(2) .
[2]The Information Technology Act ,2000 ,§ 4.
[3]The
Information Technology Act ,2000 ,§ 14 .
[4]The Information Technology Act ,2000 ,§ 15 .
[5]Justice K.S Puttaswamy(Retd) vs Union of India , 2017 (10) SCC 1.
[6]Govind
vs State of Madhya Pradesh &Anr ,(1975) 2 SCC 148 .
Hastags:-
#PrivacyLaws #SocialMediaRegulation #DigitalPrivacy #DataProtectionIndia #RightToPrivacy #ITAct2000 #DPDPAct #SocialMediaIndia #LegalAwareness #CyberLawIndia
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