Right To Privacy In India: The Technical And Legal Framework

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Dr. G. Mallikarjun, B. Md. Irfan

Abstract

‘Data Protection’ and ‘Privacy’ of the individuals are inseparable and inalienable. If key data belonging to an individual or an organization is not secured and is easily accessible to the public, it raises concerns of intrusion of privacy. Thus, personal data of every individual should be protected and should not be made accessible to the public. Data protection is a method of legally safeguarding an individual’s or any organization’s information in the virtual world of communication and the internet. With the passage of the Information Technology Act of 2000 and a subsequent revision, India has officially recognised the need of data privacy protection. Considering that India's existing laws on data protection and other related issues, such as the IT Act of 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Laws of 2011, fail to provide adequate remedies, the Personal Data Protection Bill 2019 was introduced in the Lok Sabha on December 11, 2019, and has since been passed. The privacy of the individual, in the present digital world, is continuously at stake on account of the various e-surveillance methods, interception of digital communication, and the collection of personal data in various forms at various stages by various agencies. Therefore, the author in this paper makes an attempt to highlight the issues like surveillance, censorship and the interception of digital communications and its effects on the right to privacy and to what extent the present Bill will protect the personal data and safeguard the privacy of the individual.

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