ABSTRACT
The digital revolution has drastically transformed how data is collected, stored, and used, amplifying concerns regarding individual privacy and data protection. India, amid this rapid technological advancement, faces increasing incidents of data breaches and surveillance, raising critical questions about the adequacy of its legal framework. This paper critically analyzes the evolution of the right to privacy in India, especially post the landmark Justice K.S. Puttaswamy v. Union of India judgment, which recognized privacy as a fundamental right under Article 21 of the Constitution. The study explores the legislative landscape governing data protection, with emphasis on the Information Technology Act, 2000, its 2008 amendments, and the recently enacted Digital Personal Data Protection (DPDP) Act, 2023. It evaluates the limitations of existing laws in addressing modern data challenges and emphasizes the ethical implications of state surveillance practices. Furthermore, the paper assesses how international human rights instruments, such as the UDHR and ICCPR, influence domestic privacy jurisprudence. With the increasing use of surveillance technologies, including facial recognition and AI-based monitoring, the paper highlights the tension between national security imperatives and individual freedoms. It advocates for harmonized, transparent, and accountable data governance mechanisms aligned with global standards like the GDPR. Ultimately, this study underscores the urgent need for a comprehensive, rights-based data protection regime in India that balances technological innovation with the preservation of civil liberties.
Keywords:
Right to Privacy, Data Protection, Surveillance, Digital Personal Data Protection Act 2023, Information Technology Act 2000, Cybersecurity, Human Rights, India, Supreme Court, Puttaswamy Judgment, GDPR, Digital Privacy.
INTRODUCTION
The digital age has brought tremendous advancements as well as new threats that compromise individual privacy. With growing reliance on technology, vast amounts of personal data are being generated and stored online and in databases. This data is vulnerable to privacy infringements and security breaches that can have devastating consequences for individuals. Governments worldwide have enacted cybersecurity and data protection laws to safeguard online privacy. However, the rapid evolution of technology has created new challenges that often outpace legislative reforms.
India has been facing a surge in data breaches, highlighting the need for robust data protection and privacy measures. In May 2024, a major telecom sector data breach exposed the personal information of 200 million users, including sensitive data like names, addresses, contact numbers, and government-issued IDs. In January 2024, cybersecurity experts revealed that data of 750 million Indian telecom users was being sold on the dark web. These incidents highlight vulnerabilities within India's digital infrastructure and the pressing need for comprehensive data protection legislation. The right to privacy in India has evolved significantly over the past decade, with the Supreme Court's judgment in Justice K.S. Puttaswamy v. Union of India (2017) recognizing the right to privacy as a fundamental right under Article 21 of the Indian Constitution. In India, the Information Technology Act 2000 was the first legislation formulated to address cybercrimes. The Indian government also recently enacted the Digital Personal Data Protection (DPDP) Act in 2023, aiming to regulate the processing of personal data and establish a Data Protection Board to oversee compliance and address grievances. However, challenges persist in effectively enforcing data protection norms due to the dynamic nature of cyber threats and rapid technological advancements. Ensuring the protection of personal data is crucial for safeguarding individual rights and fostering trust in India's burgeoning digital economy.
Advent of Information Technology
Information technology (IT) encompasses various fields including telecommunications, computer science, and electronics. IT has profoundly transformed industry and society in the 21st century by enabling the development and application of information systems. At the core of IT is utilizing computers and related systems to store, retrieve, transmit and manipulate data. A groundbreaking concept in contemporary IT is cloud computing - the delivery of computing services such as storage, servers, databases, software and analytics over the internet. The main models of cloud computing are Infrastructure as a Service (IaaS), Platform as a Service (PaaS), and Software as a Service (SaaS). Cloud technology offers greater flexibility and cost savings to organizations.
Emerging IT is also focused on harnessing data more effectively to provide value-added services and enhance customer experience. Predictive analytics tools analyze current and historical data to identify patterns and forecast future outcomes. Social media analytics enables understanding customer sentiment and feedback on digital platforms. Mobile applications have also gained immense popularity by allowing services on-the-go.
The innovations in IT are transforming businesses around the world. But while emerging technologies boost efficiency and productivity, their ethical implementation remains crucial too. As IT advances, policymakers face new regulatory challenges regarding privacy, security and transparency. Overall, a nuanced approach can help realize the benefits of modern IT responsibly and sustainably.
Mobile applications have become immensely popular by enabling services on internet-enabled devices such as smartphones and tablets. Some apps are free to download while others require payment, with revenues shared between app stores and developers. The user interface design for mobile apps has transformed after the advent of touchscreens and sensors. Unlike mouse-driven interfaces of traditional desktops, touchscreens allow direct interaction by tapping, swiping and gesturing. This intuitive experience drives the popularity of apps across domains like social media, e-commerce, gaming and entertainment. The innovations in mobile app technology have enabled businesses to effectively target customers. Location-based apps provide real-time, personalized advertising that can boost sales. Business analytics apps help track core metrics and customer engagement. Enterprise apps allow remote collaborations, file sharing and productivity. With growing adoption of smartphones globally, mobile apps present a vital channel for brands to expand their digital presence.
However, businesses must also account for data privacy and security considerations while deploying mobile apps. Regulations around data collection and usage continue to evolve to protect consumer rights. Overall, with responsible implementation, mobile app technology offers immersive digital experiences that can greatly benefit both businesses and customers.
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