With
a tremendous increase in the usage of social networking website, an equally proportionate
concern has also arisen regarding the issue of privacy. Though there are a
number of judicial precedents dealing with issue of privacy in relation to telephone
interception, surveillance etc, hardly are there any precedents which can
sufficiently enlighten one to realise the scope of right to privacy in social
networking space. Is there a crucial difference between the privacy in physical
and online space? I argue that though there provisions, such as Section 72A of
the Information Technology Act, 2000 (“IT Act”), make one criminally liable for
negligently sharing personal data information, they are not sufficient for the purpose
of online social networking.
In
this issue of online space, the primary hurdle arises when seeks to identify
the data which requires protection. Not every data can be given protection, for
example, data which is already available in public domain. Also since the
nature of online space is different, the measure of protection should be
different. For instance, it is not as easy to locate a particular data in
physical space as one can locate it online using ‘google.com’; hence, data is more vulnerable in online space than in physical space. This problem ultimately directs one to identify the nature of
“privacy right” which one enjoys.
If
one looks at the dictionary meaning of privacy, there is a possibility of
getting an unclear and uncertain definition: ‘a state in which one is not
observed or disturbed by other people’.[1]And, if one sees definition of right to privacy provided by the Supreme Court, then there is a possibility of getting a very broad definition.
Clause 3 of the Draft National Privacy Bill, 2011 confers on every individual a right to privacy. Though a specific definition is not given, the clause contains a list of information which will be covered under the privacy right of an individual. Though there are a number of shortcomings in the (an exhaustive discussion on data protection and Privacy Bill will be done in one of the next posts). I herein discuss the existing legislations and legal principles which deal with the issue of data protection in online networking space.
Clause 3 of the Draft National Privacy Bill, 2011 confers on every individual a right to privacy. Though a specific definition is not given, the clause contains a list of information which will be covered under the privacy right of an individual. Though there are a number of shortcomings in the (an exhaustive discussion on data protection and Privacy Bill will be done in one of the next posts). I herein discuss the existing legislations and legal principles which deal with the issue of data protection in online networking space.
