Privacy Rights And Data Protection

Reading time : 12 minutes

Over the last few years there has been a massive increase in the data which is generated by people through mobile phones, computers, etc. Privacy is defined as the right of the any citizen to control their own personal information and to decide whether to disclose the information or not. Data Protection refers to the set of privacy laws, policies and procedures that aims to minimize the problems into one’s personal space and secure the available privacy. People working in an organization or work from home or students attending online classes generates a large amount of data and each of them has a right to privacy whether to share, store or forward that data from one person or groups to another. Basically, right to privacy means to be left alone. Data has now became the part of our life and each individual has a right to or not to transfer information. Personal information could be in the form of personal interests, habits and activities, family and educational records, communications (including mail, messages and telephone records), medical records and financial records, etc. An individual could easily be harmed as their personal information can be hacked or transferred through any unauthorized person or third party. As lockdown started from 21ST March,2020 the amount of data has become the double of what it used to be and so through the excessive use of mobiles and computers it is easy for the hackers to hack any account or data or make any fake profile using information, pictures and transactions and pretend to be that person which in reality they are not. Therefore, there is an immense need of right to privacy and protection of data. People are now so fond of using internet that they’ve just grabbed it as a habit and so protection of data and privacy is compulsory needed.

Privacy rights: – Article 12 of the universal declaration of human rights (1948) states that, “ no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence nor to attack upon his honour and reputation. Everyone has the protection of law against such interference or attacks.”

Why privacy rights do matters the most?

  • Everyone has their certain boundaries which have to be maintained. Therefore, privacy rights helps to maintain certain social boundaries which is also important for their own will. Everyone has certain things or reasons which they don’t want to disclose to other people hence, privacy rights helps an individual on social platforms to keep their information private. Social media reveals a lot of information about a person and so privacy rights protects them to secure their data from strangers or from people they don’t want to disclose their facts. Social Medias like instagram, facebook, twitter have features so that an individual hide certain things from people they want to.
  • Privacy rights protect and allow access to freedom of speech and expression. One can say whatever they feel like and have a freedom of word.
  • Privacy rights protect an individual reputation. Most often we all post something on social medias but after sometimes we regret on things done by us and so privacy rights protects an individual reputation as we have a choice to delete or remove post whenever we wish to which haunts us.
  • Privacy rights also matters the most as it let us engage freely in political matters and casting vote. It’s an inherent human behavior of a person to ask to whom we voted. Privacy rights helps to say no to someone and it totally depends on his choice. This is so because if an individual express whom he voted and it goes against the choice of the voter there can arise a dispute between them. It helps to follow your opinion in politics without anyone else seeing it.
  • Privacy rights helps to control our data with our own self as we have a choice to change passwords, information about us, etc. it has given us the power to control and used in any ways we feel like. If we don’t have a control to our own information or data we would feel helpless and consequently most of us have stopped using social platforms.
  • It also helps us to secure our bank details, financial transactions, security and this is only possible through privacy rights and any violations to these rights will subsequently be handled by the courts of law.
  • Lastly, it also asks for permission from an individual to provide their data to helps to ensure that data  must not be atomically made available to others rather it would first ask for permission.

 [1]India presently does not have any express legislation which governs right to privacy or data protection. However, the relevant laws in India which deals with data protection are the Information Technology Act, 2000. Article 21 protects the right to privacy and promotes the dignity of the individual. Article 21 of the constitution deals with no person shall be deprived of his life and personal liberty except according to the procedure established by the is not an absolute right but the Courts have read the right to privacy into the speech and expression under Article 19(a) and right to life and personal liberty Article 21 of the Indian constitution. Recently, in the landmark case of justice K.S. Puttaswamy & Anr. Vs. Union of India and Ors, the constitution bench of the Hon’ble Supreme Court has held right to Privacy as a fundamental right, subject to certain reasonable restrictions.

Why is data privacy important?

  • Data privacy includes all the sensitive information that an individual and organizations handle, which also includes personal information and customers.
  • Data privacy helps ensure that sensitive data is only and only accessible to the owner or to the approved parties without the interference of third parties.
  • It also prevents criminals from being able to use the data and helps ensure an individual and organizations meet their requirements without any fear of being shared or hacked.
  • It helps to prevent an organization from damaging their reputation.

[2]DATA PROTECTION: Data protection is the process of safeguarding important information from corruption, compromises or loss. If any large amount of data is corrupted data protection plays a vital role safeguarding a person’s personal or business information. Though we all are aware of coronavirus and pandemic situations which have taught most of us to use electronic devices and as we all are aware of work from home so it has caused a million of employees to work from home and a large number of community work through internet. Therefore it is very important that our data must be protected. Organizations must adapt to ensure that they are protecting their employee’s data from a central data center in the office and as well as homes.

Concluding to it as we all are aware about the do’s and don’t’s of privacy and data usage. In a country like India we lack technology and privacy concerns, most of the citizens have access to internet and vast information has been provided to them all over the internet. Most of us has not been even heard or given attention about our privacy issues and data information. Many of us have already been spoiled because of hackers and our sensitive information. All we wish is that our data and information must be used fairly, lawfully and transparently.  Let us demand government and the Parliament of India to make strict provision and laws against privacy rights and data protection which enables a Court to arrive at a fair decision.

[1] Privacy rights and data protection



Editor: Kanishka VaishSenior Editor, LexLife India.

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