The Personal Data Protection Bill, 2019 and Right to Privacy

  • – Saumya Malhotra,
    Amity Law school, Noida.

Abstract

The main focus of this article is devoted to the creation of the web to the public and / or private bodies in India, and at the same time, infringes on your right to privacy, and the violation of the fundamental rights guaranteed by our constitution, and affecting the lives of the innocent citizens who are not aware of the information provided. This article mainly analyses the various legal proceedings relating to the privacy of the in the last few years. The right to privacy is a multi-dimensional concept. In this regard, the right of an individual to control the collection, use, and disclosure of his / her personal data to be defined in specific terms. The personal information may be represented by the personal information that is personalized to the interests, the habits, and activities, family, notes, education, communication, health care, the economy, etc that We live in an era in which personal information can be used in innovative ways for a variety of purposes, including the control of the state, and the operations of the revenue generation of the family.

Keywords: Technology, Information, courts, Data Protection Bill, Right to privacy.

INTRODUCTION

The Personal Data Protection Bill, 2019

The Personal Data Protection Billchanges the practice of the collecting and processing of data in India. Both the private sector and the state, they don’t have to worry about the separation of powers and procedures, in order to protect the interests of the private lives of its citizens. In accordance with Section 3(28)[i] of the Personal Data Protection Bill, “personal data” means data about or relating to a natural person who is directly or indirectly recognizable, having any characteristic, trait, attribute or any other feature of the identity of such natural person, whether online or offline, shall include any inference drawn from such data for the purpose of profiling.

The salient features of the bill are:

  • The motion of thePersonal Data Protection Bill is aimed at improving the processing of the data, or personal information, in the same way as the GDPR[ii] in the European Union.
  • The proposal is for the Personal Data Protection Billcalls for the creation of a DPA[iii], with similar bodies existing among the European union, and defining the categories of the confidential nature of the personal data is required to be protected.
  • The Personal Data Protection Bill defines ‘data fiduciary’ and proposes various responsibilities for them on how they should acquire, dealand recollect personal data. It makes them responsible for compliance of the duties in respect of processing of personal data undertaken by it or on its behalf.
  • When the Personal Data Protection Bill comes into force, businesses would have to seek consumer’s consent and tell users about their data collection practices. They would have to store and collect evidence to suggest that such a warning was given and an agreement was reached. The Personal Data Protection Billis to make it possible for the consumer to withdraw his or her consent, and, therefore, is a company that is going to come up with a system that will make it possible for the consumer to withdraw the consent.
  • The Personal Data Protection Bill, which gives the consumer the right to obtain, change, or eliminate the data for the purposes for which they are intended is fulfilled.  In this way, companies are building roads so that they can do so.

Data Protection in came in India through various statutes and rules like the following:

  • Constitutional protection in recognised the right to privacy as a fundamental right under Part III[iv] of the Constitution in Puttuswamycase.
  • (a) Section 43-A[v] of Information Technology Act, 2000 deals with sensitive personal data or any other information that can cause damage for negligence  and upholdingrational security practices resulting inunnecessary loss of, or improper interests of any one individual.
  • (b) Section 72-A[vi] of Information Technology Act, 2000 deals with disclosure of personal information of any person without the consent by the service providers are in breach of a lawful contract and it is punishable.
  • Section 5[vii] & Section 24[viii] of The Telegraph Act, 1885 controlsthe messages by the Central Government and the State Governments of India.
  • Rule 419-A[ix]of The Telegraph Rules, 1951 ordersstrict procedures and conditions for the issuing of orders for interception of communications.
  • Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Rules), 2011 these rules protect the personal information of a person by putting certain obligations on the organization that collects that information.
  • As per Section 8(1)(j)[x] of The Right to Information Act, 2005, the personal information by disclosure of which has no relationship to any public activity or interestis exempted from disclosure.
  • Section 9[xi] of The Code of Criminal Procedure, 1973, controls targeted access to stored information.

Right to Privacy

The right of privacy means:

  • The right to personal autonomy.
  • The rights of person and property, to be free from unwarranted public scrutiny, or to reveal. “

And that, in their work, in private life, which means that the “unjustified use of one’s personality, and the occupation of its own operations.” are of a personal nature, and is considered to be synonymous with the ‘ right to be alone.”

The Constitution of India explicitly states that the right to privacy is included in the text. In India, judges consider to have made the statement that the right to privacy is the most essential, when considering the case of public sentiments against the right to privacy.

In our country, there is no specific legislation on privacy and, on the other hand, the data of the banks to be created at all departments and locations, and the government archives, as well as on a large scale. And, as a consequence, the integrity of the so happens to be the most important to the integrity of, because no one wants to have his or her information from leaking out, and any additional elements to protect the data stored in this way, the individual, their family issues, health, and so on.

The Aadhaar Amendment 2019, seeks to amend the Indian Telegraph Act, in order to allow the use of Aadhaar for verification of the identity of the above banks, the opening of bank accounts. Without a reliable data protection law, individuals will not be allowed to store the confidentiality of biometric data of the citizens, that is, at the same time, it ensures the free flow of information is of interest to the government, without the consent or knowledge of the general public, it may be that there are errors in the use of, and the individuals are noted as such the people have a right to privacy. That is, in order to facilitate the voluntary use of Aadhaar number for authentication of the identity of; to be using a 12-digit unique number in order to verify the identity of an individual. The bill also proposes to amend the Prevention of Money Laundering Act, as to commit themselves to voluntary use of Aadhaar in order to verify the identity of the banks prior to the opening of a bank account. This leads to an important milestone in a decision that has forever changed the court of justice of experience in the field of security.

 

LANDMARK JUDGEMENTS

M. P. Sharma v. Satish Chandra

The search and seizure of documents of the Dalmia Group, has investigated his case. Following an investigation by the district judge who issued the warrant, and, as a result of the search. In this context, in its Supreme Court filings, on constitutional grounds, that the search was being challenged because they have violated their fundamental rights under articles 19 (1) (f)[xii]and 20(3)[xiii], the protection of the self. In this book, M. P., Sharma, v,. Satish Chandra (Sales Chandra), 8-a judge of the Supreme Court, it appears that the drafters of the Constitution was not going to disclose the right of the search and seizure of the fundamental nature of the right to a private life. They argued that the Constitution gives to the word, which is similar to the Fourth amendment to the U.S. Constitution, and could find no reason to import the basic concepts of the right to privacy and security from the catch of the day, what is called “strained construction”.

Govind v. State of Madhya Pradesh and Another

Madhya Pradesh Police Regulations related to surveillance was challenged by Govind that included domiciliary visits. Govind had false accusations on him. The Supreme Court discharged the petition but directed reform in the Madhya Pradesh Police Regulations and it was held that they were approaching dangerously towards unconstitutionality.

Justice K. S. Puttaswamy v. Union of India

A 9-judge bench of Supreme Court delivered a common verdict on 24th August, 2017 and affirmed that the Constitution of India assures that each individualwould have the right to privacy and there declared it a fundamental right. The discussions led to the conclusion that privacy and freedom are natural right that are granted to every individual. It was also held that if freedom is one of our fundamental right, then privacy should be included too.

CONCLUSION:

The Data Protection Bill of 2019, being the most relevant example of how a data-based approach has been changed as law enforcement, that is, we now note that, for now, it is necessary to bear in mind the current scenario in which we are living, which is the technical time period, and the law will have to be made as may, in accordance with the intensity of the needs and issues that arise from the us, the current state of things, which include cyber-crime, cyber bullying, social media, data privacy violations, storage and etc

This is a proof of that, we are even more vulnerable, as if it has fallen into the wrong hands, this could be a great threat to our freedom, which leads to a more and more anti-social and criminal behaviour, which can be used as a weapon of war, or of the individual, for personal gain, or to a foreign country, in order to further their plans for the future. Big data and the surveillance, provides a very sophisticated with the opportunity to be in violation of the law and is a waste of time, as the community is dependent on the computer system, the air traffic control, medical care, and national security, even for a minor accident in this type of operation, which can put at risk our lives.

Laws relating to the protection of personal data, in particular in the concept of ownership, as it is in this digital world, information is nothing more than the core, our legislative action with respect to the property, and all of them are a part of our property. Personal Data Protection bill does not adequately address the privacy concerns of our knowledge, in India, and it has become very important to the ever-growing needs of our community and technical developing countries, where data breaches are a very real problem of this game by the young people of the law in India, and it will, it is hoped, will be addressed with the necessary policies and practices in the near future.

REFERENCES:


[i]Section 3 (28) of the Personal Data ProtectionBill, 2019, URL: http://164.100.47.4/BillsTexts/LSBillTexts/Asintroduced/373_2019_LS_Eng.pdf

[ii]General Data Protection Regulation.

[iii]Data protection authority.

[iv]Article 12-35 of The Constitution of India, URL:  https://www.mea.gov.in/Images/pdf1/Part3.pdf

[v]Section 43-Aof Information Technology Act, 2000, URL: https://indiankanoon.org/doc/76191164/

[vi]Section 72-Aof Information Technology Act, 2000, URL:https://indiankanoon.org/doc/69360334/

[vii]Section 5 of The Telegraph Act, 1885, URL:https://indiankanoon.org/doc/1740460/

[viii]Section 24 of The Telegraph Act, 1885, URL: https://indiankanoon.org/doc/1991367/

[ix]Rule 419-A of The Telegraph Rules, 1951, URL: https://cis-india.org/internet-governance/resources/rule-419-a-indian-telegraph-rules-1951

[x]Section 8(1)(j) of The Right to Information Act, 2005, URL:https://indiankanoon.org/doc/223928/

[xi]Section 91 of The Code of Criminal Procedure, 1973, URL: https://indiankanoon.org/doc/788840/

[xii]articles 19 (1) (f) of The Constitution of India, URL: https://indiankanoon.org/doc/258019/

[xiii]Article 20(3) of The Constitution of India, URL: https://indiankanoon.org/doc/366712/

Image Source: https://www.google.com/search?q=data+protection&rlz=1C1CHBF_enIN933IN933&sxsrf=ALeKk02KYQnVW6cejItibu47gDUMO-ch8Q:1623490185303&source=lnms&tbm=isch&sa=X&ved=2ahUKEwiW56me5JHxAhWCwzgGHUNPATsQ_AUoAnoECAEQBA&biw=1280&bih=577&dpr=1.5#imgrc=TgFjGoZ8KbqD3M

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