The Link Between Internet Privacy and Personal Rights
- Leezer Kaur
- Jun 23, 2023
- 3 min read
“Written by Leezer Kaur, a student”.
Introduction
While using internet services on different applications and websites, the user is supposed to disclose certain sensitive data to access the services provided by it, and sometimes, even third parties may have access to such information, which can result in infringement of the rights of the users. However, this data is supposed to be protected and not used for any other purpose than the one for which it is given. There are personal rights granted to an individual to get privacy protection. In the case of K.S. Puttaswamy v. Union of India, the court observed that Article 21 of the Constitution of India provides for the right to life and personal liberty to an individual and also held that the right to privacy is an essential aspect of the right to freedom under article 21. The United Nations Human Rights Council 2012 stated that the right to freedom of expression on the internet is a basic human right.
RIGHT TO PRIVACY UNDER INTERNATIONAL LAW
There are three privacy-related international treaties. Article 12 of the UDHR prohibits arbitrary interference with a person’s privacy. Article 17 of the International Covenant on Civil and Political Rights prohibits any arbitrary or unlawful interference with the privacy, family, home or correspondence, etc. Also, article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms provides for the right to privacy. Here is the Protection of Privacy and Trans-Border of Data guidelines that protect the right to privacy. Furthermore, the holy book of the Quran states that no one shall enter the other person’s house without his permission, which also promotes the right to privacy of the followers of Islam.
RIGHT TO PRIVACY IN INDIA
The Information Technology Act of 2000 provides provisions related to cyber crimes and criminals in India. It also provides the penalty for violation of the conditions contained thereunder. Even though there is yet to be enacted, Personal Data Protection Bill 2019 aims to create a Data Protection Authority in India responsible for protecting the interests of data principles, preventing misuse of personal data, and ensuring compliance with its provisions. In the case of K.S. Puttaswamy v. Union of India in 2017, the nine-judge bench of the Supreme Court of India recognized the right to privacy as the primary and fundamental right of the Constitution of India.
INFORMATION TECHNOLOGY ACT, 2000
Section 72 of this act provides the penalty for breach of confidentiality and privacy, which is very important for safeguarding internet privacy. Then, Section 72A of this act prohibits the disclosure of information in case of a lawful contract. Section 66E is the provision that protects online privacy and provides for the punishment of imprisonment of up to three years and a fine of up to two lakh rupees or both. It mainly contains provisions against Cyber Voyeurism, a severe violation of human dignity. Section 69 of the act balances online privacy and national security. Even the Supreme Court has stated that individual privacy can be compromised to further national and public interests. Data Privacy Rules related to this act of 2011 also protected the users’ sensitive data.
Conclusion
The right to privacy and the right to the internet has been recognized as an individual’s fundamental rights by the Supreme Court of India in various judgments like the K.S. Puttaswamy v. Union of India. One has the right to freedom of expression under the human rights ambit. However, this right is not absolute and is subject to certain restrictions, as in the case of more considerable public interest or the state’s interest. A person’s rights are to be protected by the state whenever possible and reasonable. The sensitive information disclosed by a person on the internet should not be disclosed to a third party.
References
K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1.
‘What is data privacy?’, Kaspersky, available at: https://www.kaspersky.com/resource-center/threats/internet-and-individual-privacy-protection.
‘How the Internet has affected our personal privacy?’, Richard Darell, available at: https://bitrebels.com/technology/internet-affected-personal-privacy/.
‘What is information privacy?’, available at: https://clario.co/blog/what-is-online-privacy/.
‘Privacy and Information Technology’, available at: https://plato.stanford.edu/entries/it-privacy/.
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