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PRIVACY AS A FUNDAMENTAL RIGHT IN INDIA: A CRITICAL ANALYSIS OF ITS PROTECTION MEASURES IN THE CYBER SPACE
AUTHORED BY - JAANVI SHARMA
In the age of rapid technological advancement and ubiquitous internet access, India is positioned as a burgeoning digital market. Within this digital transformation, the preservation of privacy emerges as a paramount concern, closely tied to personal autonomy and individual liberty. This research paper delves into the pivotal role of privacy as an essential entitlement for individuals. Furthermore, it addresses the escalating threat to privacy posed by the proliferation of digital footprints, with a particular focus on recent data leakage incidents, such as the Aadhaar data breach affecting thousands of citizens. The study critically examines the legal landscape for privacy protection in India, encompassing constitutional provisions, the Information Technology Act, and the recently enacted Digital Protection Act of 2023. This comprehensive analysis sheds light on the evolving legal framework designed to safeguard the privacy of Indian citizens in the digital age. It also scrutinizes the multifaceted challenges posed by data collection practices, both by government bodies and private enterprises, and the implications for individual privacy. Furthermore, the adoption of smart city initiatives, characterized by pervasive surveillance, underscores the contemporary complexities surrounding privacy in the digital age. By addressing the legal, technological, and societal dimensions of this issue, this paper offers valuable insights for policymakers, legal practitioners, and scholars concerned with protecting the privacy of individuals in the cyber space.
Keywords: Privacy, Cyberspace, Surveillance capitalism, Digital age, Data encryption, Smart cities, Responsible data practices, etc.
The digital revolution, driven by advancements in artificial intelligence and machine learning technology, has begun to permeate nearly every facet of society, catalyzing transformations in education, healthcare, governance, and commerce. However, amid these exhilarating possibilities, one fundamental concern emerges as a lynchpin of personal autonomy and individual liberty – the protection of privacy.
This research seeks to navigate the complex terrain where the demands of a digital society intersect with the preservation of personal freedom. India, home to over half a billion internet subscribers, serves as an illustrative microcosm of this global conundrum, where the exponential growth of digital capabilities coincides with heightened scrutiny of the safeguards for individual privacy. The foundational premise of this study revolves around privacy as an essential entitlement for individuals, tightly interwoven with personal autonomy and individual liberty. In this digital age, where data has become the new currency, the critical examination of privacy's protection measures takes centre stage.
Within this framework, the research delves into the multifaceted aspects of India's legal landscape for the protection of privacy. This includes an analysis of constitutional provisions, the Information Technology Act, and the newly enacted Digital Protection Act of 2023. These elements serve as the legal backdrop against which the evolving dynamics of privacy in India are assessed. Furthermore, the author offers a scrutiny of the data gathering practices employed by both government agencies and private enterprises in India. This inquiry delves into the implications for individual privacy, echoing the concerns surrounding government monitoring and the need for responsible data management in the digital era.
A contemporary challenge that magnifies the interplay between digital society's demands and personal freedom is the planning and implementation of smart cities, where pervasive surveillance forms an integral part. The juxtaposition of digital innovation and urban transformation highlights the complexities involved in safeguarding personal freedom in a hyper-connected urban landscape. This research’s endeavour is to provide a comprehensive and critical analysis of the state of privacy as a fundamental right in India's rapidly evolving digital landscape. By addressing the legal, technological, and societal dimensions of this issue, it aspires to offer valuable insights for policymakers, legal practitioners, and scholars dedicated to protecting the privacy of individuals in the cyber space, not only within the boundaries of India but with implications that resonate in the global context. This exploration stands at the crossroads of digital progress and personal freedom, epitomizing the challenges and opportunities that define our digital age.
This study employs exploratory research to gain a deeper understanding of privacy as a fundamental right in India and its protection measures in the cyber space. A comprehensive doctrinal research is conducted to examine existing books, journal articles, judgments and commentaries, and legal provisions related to privacy rights in India and their intersection with the digital environment. Relevant case studies, including instances of data breaches and government monitoring, are examined to provide practical insights into privacy-related challenges.
This research study aims to conduct a comprehensive analysis of the protection measures for privacy as a fundamental right in India, with a specific focus on the intricacies of the cyber space. Privacy, recognized as a fundamental right under Article 21 of the Indian Constitution, faces a range of contemporary challenges in the digital realm. These challenges include the unauthorized collection and misuse of personal data by both public and private entities, the looming threat of government surveillance, and the persistent vulnerability to cyberattacks. This research seeks to explore the adequacy and effectiveness of existing safeguards in addressing these pressing issues and proposes potential enhancements to ensure robust privacy protection in the context of India’s evolving digital landscape.
In recent years, the pervasive influence of digital technology has transformed virtually every facet of our daily lives, evolving from a mere buzzword into an indispensable imperative for businesses and governments alike. India, renowned for its prowess in Information Technology (IT) and its swift tech adoption, has harnessed technology to advance governance and empower its citizens. India now stands as the world's largest digitally connected democracy, with an impressive 830 million internet users. The landscape of digital transactions has expanded exponentially, positioning India as a global frontrunner in real-time digital payments. The widespread availability of smartphones and cost-effective mobile data plans has been a driving force behind the burgeoning digital economy, fostering remarkable growth in sectors such as e-commerce, mobile payments, digital banking, healthcare, tourism, and business.[1]
At the forefront of this digital transformation is the government's visionary Digital India initiative, aimed at bridging the digital divide, extending digital access, fostering inclusion, and empowering citizens while steering India towards a knowledge-based and community-centric economy. The initiative revolves around three pivotal pillars: ensuring digital infrastructure as a fundamental service for every citizen, offering on-demand government services through digital channels, and empowering citizens by means of digital tools and resources. The ultimate goal is to elevate the quality of life for all Indians, invigorate the digital economy, create investment opportunities, boost employment, and advance digital skills.
These rapid technological advancements have connected people and revolutionized governance, driven by the Digital India Program’s mission to deliver government services digitally and promote digital literacy. However, in this digital renaissance, vulnerabilities exist that adversaries can exploit, potentially undermining the advantages of digital technology. Cyber adversaries are evolving, becoming increasingly sophisticated and resourceful. Notably, India stood second among nations in terms of targeted strikes and third overall in terms of cyber threats identified in 2017, as reported by security software company, Symantec.[2]
The compromise of individual privacy is a grave concern in the wake of cyber-attacks. These attacks exploit weaknesses in digital systems, resulting in unauthorized access to personal data, encompassing financial records, healthcare information, and sensitive communications. The repercussions of this breach are severe, ranging from identity theft and financial losses to emotional distress. In this dynamic digital landscape, the safeguarding of privacy has never been more critical, ensuring that the digital revolution's benefits do not come at the cost of personal security and data integrity.
The importance of privacy and control over one’s life is a fundamental aspect of human nature, widely recognized as a basic human right in contemporary society. This right is crucial for individual freedom, supported by scholars and courts on numerous occasions. As India continues its digitalization journey with cloud computing, 5G telecommunications, e-commerce, and quantum technology, securing digital frontiers is imperative. The benefits of the digital revolution must not compromise individual security and personal data integrity. The Indian Supreme Court has acknowledged right to privacy as a fundamental right essential for preserving human dignity and autonomy, placing it at the forefront of Indian society legally and morally.
In the digital age, where personal data is highly valuable, the right to privacy becomes even more crucial. With the ever-increasing sharing of personal information online, privacy as a fundamental right safeguards against intrusion, data breaches, and misuse of personal information in the digital realm. This recognition has implications for regulatory frameworks and data protection laws, obligating the government and private entities to ensure privacy and security.
Balancing technological advancement and privacy rights is vital in India’s cyberspace development. Online harassment, data breaches, and ethical dilemmas related to emerging technologies necessitate comprehensive regulations and ethical standards. These regulations should encourage innovation while safeguarding the right to privacy, creating a digital ecosystem that empowers individuals while mitigating the risks of misuse and intrusion.
Existing legislation in India operates under a somewhat uniform approach, potentially hampering individual autonomy in granting informed consent for personal data handling. While the Digital Personal Data Protection Act (DPDP Act), 2023, is a significant step as it addresses inclusion for individuals with disabilities in a digital society, there's a need for potential modifications to address various other concerns. Amendments or clarifications could foster a more nuanced approach, catering to diverse data handling scenarios and evolving privacy expectations. Comparisons with international data protection laws, such as the EU’s GDPR, underscore the importance of re-evaluating and enhancing existing rules to empower internet users and protect their data. Recognizing global benchmarks and best practices is crucial in fostering a digital environment where individuals can navigate with confidence, knowing their data is secure, and their rights are respected.[3]
Privacy as a fundamental human right is a concept deeply embedded in India’s legal and cultural framework. Over the years, the Indian judiciary has played a pivotal role in defining and upholding privacy as a sacramental fundamental right. The case of Kharak Singh v. State of Uttar Pradesh (1962)[4] was the first decision where a person’s privacy was discussed in the court. The Supreme Court of India ruled that the domiciliary visits and surveillance by the police without a proper warrant violated an individual’s privacy rights. Although the judgment did not explicitly label privacy as a fundamental right, it set the stage for future developments. Going forward, in the case of Maneka Gandhi v. Union of India (1978)[5], the Supreme Court broadened the scope of the right to life and held that any law infringing upon personal liberty had to be just, fair, and reasonable, emphasizing the importance of individual autonomy and privacy. In the case of R. Rajagopal v. State of Tamil Nadu (1994)[6], the Court laid the foundation for recognizing privacy in the context of the right to free speech and expression. The Supreme Court ruled that the right to privacy includes the right to be let alone and not to have one’s private information disclosed without consent.
In the case of PUCL v. Union of India (1997),[7] the Indian judiciary further extended the concept of privacy by recognizing telephone tapping as an invasion of privacy. The court held that telephone tapping could only be done under strict guidelines and for legitimate reasons, emphasizing the importance of privacy protection. The final word in the trail was put across in the case of Justice K.S. Puttaswamy (Retd.) v. Union of India (2017),[8] which was a watershed moment for privacy rights in India. The Supreme Court, in a historic judgment, declared that privacy is indeed a fundamental right under the Indian Constitution. The court identified privacy as an intrinsic part of the right to life and personal liberty, thus establishing a robust legal framework for privacy protection. In furtherance of the previous ruling, in the case of Justice K.S. Puttaswamy (Retd.) v. Union of India (2019), the Supreme Court scrutinized the government’s Aadhaar program, which involved the collection of biometric data. The court held that while privacy is a fundamental right, it can be subject to reasonable restrictions in certain cases. However, these restrictions must pass a strict scrutiny test to ensure that they are necessary and proportionate.
These cases collectively emphasize the evolving and robust nature of privacy as a fundamental human right in India. Privacy extends beyond the mere right to be left alone; it encompasses personal autonomy, protection from unwarranted government intrusion, and the control over one’s personal information. The Indian judiciary, through these landmark decisions, has firmly established privacy as a cherished and constitutionally protected right, ensuring that individuals can lead lives free from unnecessary government interference and data exploitation.[9]
As an extended arm of right to privacy, the “Right to Be Forgotten” is a concept that has gained prominence in the digital age, allowing individuals to request the removal of their personal information from online platforms. In India, the case of Google India Private Ltd v. M/s. Visakha Industries, (2019)[10] adjudicated by the Delhi High Court, marked an important milestone in recognizing the right to be forgotten as an integral component of the right to privacy. The Court held that individuals have the right to request the removal of specific information from search engine results, provided that the information is no longer relevant, accurate, or necessary for the public interest. This judgment affirmed that privacy rights extend to the digital domain and individuals have the right to control the information about themselves that is accessible online. The case underscored the dynamic nature of privacy rights in the digital era. It highlighted the need to strike a balance between the right to privacy and the principles of freedom of speech and access to information.[11]
Although there was no official court decision, the 2021 modification to WhatsApp’s privacy policy in India sparked important debates and conversations about user permission and data sharing. Concerns over the scope of data sharing with Facebook (now ‘Meta’), WhatsApp’s parent company, and other connected platforms were brought up by the revised policy. Users’ concerns about the disclosure of their private information, including messages and metadata, to unaffiliated parties underscores the need of strong privacy protections in digital communication platforms. This event made clear how crucial user control, transparency, and informed permission are in the digital sphere, where personal data is more susceptible to misuse. WhatsApp amended its policy and clarified several areas related to data-sharing in response to public criticism and regulatory scrutiny. This incident highlighted how important it is to have strong data protection rules and regulations in place to safeguard people’s right to privacy in India’s rapidly changing digital communication and social media scene.
a. International
The right to privacy is recognized and protected in various statutes, including both national and international treaties. For instance, Article 12 of the Universal Declaration of Human Right prohibits arbitrary interference with a person’s privacy. It forms the basis for the right to privacy in international human rights law. Article 17 of the International Covenant for Civil and Political Rights provides a more detailed framework for the right to privacy and prohibits arbitrary interference with the privacy of the person, his family, home or correspondence. It emphasizes the need for safeguards and protections against such interference.
One of the first international agreements addressing data privacy is the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention 108). It highlights the importance of informed consent and data security and creates guidelines for the protection of persons when processing personal data automatically. The General Data Protection Regulation (GDPR), which regulates the data protection and privacy rights of EU residents, has an international influence even though it is mainly relevant inside the EU. It has strict guidelines governing consent, data protection, and people's rights in relation to their personal information.[12]
b. National Provisions
India’s strong legal structure for protecting privacy is derived from court rulings, statutes, and constitutional precepts. This framework covers a number of privacy-related topics for both digital and physical spaces. Although lacking the word “privacy” specifically, the Indian Constitution has clauses and court interpretations that acknowledge privacy as a fundamental right. Article 21 is very important as it upholds people’s rights to life and liberty and highlights that these rights may only be taken away by following a procedure that has been set out by law. The court has continuously interpreted Article 21 to include the right to privacy, designating it as an essential right.[13]
The Information Technology Act of 2000, along with its subsequent amendments, plays a pivotal role in addressing privacy issues in the digital domain. Section 43A, introduced in 2011, assumes particular importance in safeguarding sensitive personal data. It places responsibilities on entities to adopt security measures for the protection of such data and imposes penalties for data breaches.[14]
Section 72A of the IT Act focuses on penalties for the unauthorized disclosure of personal information. This provision underscores the importance of obtaining consent for data sharing and seeks to reduce unauthorized disclosure incidents by imposing penalties, including imprisonment and fines.[15]
Sections 69 and 69B of the Information Technology Act outline the government’s authority to intercept, monitor, and decrypt information.[16] These regulations grant the government the power to intercept data for specific purposes, such as national security, but also include checks and balances to prevent abuse and unauthorized monitoring.[17]
The DPDP Act, enacted to address the growing need for data protection, regulates the use of digital personal data, including data in digital format used to identify individuals. It applies to the handling of such data within and outside India when serving individuals residing in India. Section 6 of the DPDP Act outlines stringent requirements for obtaining consent from data principals. Consent must be free, specific, informed, unconditional, unambiguous, and require a clear affirmative action. However, challenges remain in obtaining verifiable consent, particularly from individuals with disabilities, underscoring the need for further refinements in the implementation of this provision.[18]
A “right to erasure” provision in the DPDP Act allows people to ask for the deletion of their personal information in certain situations. This provision gives people a greater say over their personal information and gives them the opportunity to claim their digital autonomy. People have the right to move their personal data from one service provider to another under Section 21 of the DPDP Act. This empowers people with more control over their data and fosters competition in the digital economy. Data protection impact assessments are required for certain processing procedures involving personal data under the DPDP Act. These evaluations guarantee that privacy and data security are given the highest priority throughout data processing activities, encouraging appropriate data handling procedures.[19] The Act further requires data fiduciaries to promptly inform the Data Protection Authority and affected data subjects of data breaches. This rule enhances transparency and accountability in data management and manipulation, ensuring that individuals are promptly informed about potential risks to their data privacy.
This multifaceted legal framework in India underscores the nation's commitment to safeguarding individual privacy, both in the physical and digital realms, and aims to strike a balance between personal privacy rights and the legitimate interests of the state and businesses in a rapidly evolving technological landscape.
Law enforcement agencies in India play an important role in protecting privacy especially in the context of prevention of cybercrime and enforcement of privacy laws. This multifaceted role includes investigative responsibilities and legal framework designed to protect the privacy rights of individuals collectively
Law enforcement agencies are leading the way in cybercrime that compromises personal privacy. These crimes include a wide range of activities including unauthorized computer systems, fraudulent use of personal data and digital abuse. Detecting and preventing such crimes is key to creating them privacy protection in the digital age.[20]
Law enforcement enforces privacy laws and regulations through privacy watchdog organizations. In particular, information breaches stimulate curiosity and accountability measures are taken. It acts as a powerful deterrent, sending a message that privacy violations will not be tolerated, and such actions carry legal consequences. Due to the connected nature of the digital world, many cybercrimes cross national borders. Effectively addressing transnational cyber threats requires cooperation with foreign law enforcement agencies to ensure adequate investigation and prosecution. This international cooperation and information sharing is essential in tackling global cybercrime.[21]
Law enforcement organizations rely extensively on digital evidence in criminal investigations. The integrity and admissibility of digital evidence must be maintained while simultaneously respecting privacy rights. This involves strict adherence to established rules for evidence collection, preservation, and presentation to ensure that privacy is not unduly compromised during the investigative process.[22]
The newly introduced DPDP Act provides central government, government agencies and a number of functional areas with respect to data processing. The central government has the power to act on data protection board reports, request comments from data controllers, and suspend public access to particular data. It also has the power if it implements focused enforcement rules emphasizes in the application of privacy laws.
In summary, Indian law enforcement agencies have multi-faceted roles including prevention and investigation of cybercrime, compliance with privacy laws, international cooperation, privacy management, digital evidence management, and DPDP compliance. This requires ongoing training, investment in cybersecurity and staying up to date with technological developments to protect individual privacy rights in our digital world.
Acknowledging the cultural aspects of privacy is essential to understanding Indian attitudes towards this fundamental human right. The Indian legal system is very receptive and protective of privacy. However, the influence of cultural norms and attitudes on privacy attitudes and behaviours cannot be ignored. In the digital age, privacy plays an important role, acting as a shield for personal data, individual freedom and self-respect. In a society where personal and family relationships often come first, the perceived value of personal privacy may be different.
Unfortunately, many educational systems around the world, including in India, especially in schools, pay very little attention to privacy education. The curriculum prioritizes education, often ignoring the complexities of privacy. As a result, individuals, including students, may have limited understanding of the importance of privacy in the digital age. Inadequate privacy education may prevent individuals from fully understanding the potential risks of disclosing too much information about themselves. In a culture that has traditionally encouraged sharing and communication, this lack of awareness can leave individuals more vulnerable to privacy breaches and digital threats. This concern extends beyond just breaches of privacy, with individuals including both safety and well-being.[23]
Inadequate privacy education can lead students to engage in risky online behaviors, such as sharing sensitive information on social media or falling prey to phishing schemes. The craving for companionship and trust can lead young people to inadvertently compromise privacy and online safety. Educating them about the risks and techniques of safe online communication is important. It is important to recognize the value of privacy in a democratic society, where individuals should feel safe to express their views without fear of surveillance or reprisals. Empowering individuals with the knowledge of their digital rights can help preserve democratic principles in a digital age. Privacy education provides individuals with the knowledge and skills to demonstrate control over their digital lives. It empowers them to make informed decisions about sharing their personal information and sharing it with their constituents. This teaching fosters a sense of personal empowerment in a digital environment, enabling individuals to navigate the challenges of modern life while protecting their privacy.[24]
The proliferation of data collection in the digital age changed the landscape of personal data management, and government agencies and private organizations collected vast amounts of personal data. This multi-dimensional data collection, leading to offers benefits including improved services and improved security. In the digital age, personal data collection has become commonplace, blurring the lines between commercial companies and government agencies. The ubiquity of data collection technologies has created vast repositories of personal data. While these practices can bring benefits such as standardized services and improved security, they raise deeper concerns about privacy and data security. Large technology groups wield the power of surveillance capitalism, a model that relies heavily on collecting large amounts of personal data. Advanced algorithm analyses user behaviour and preferences to generate detailed user profiles for advertising and framing marketing strategies accordingly. These transactions of personal data occur without explicit consent, sometimes without individuals’ knowledge, raising privacy and ethical considerations.[25]
Data brokerage firms have emerged as central players in the data ecosystem, specializing in the acquisition and trade of personal information. These entities aggregate data from multiple sources, including public records, online activities, and consumer surveys. The data collected is subsequently commercialized to a wide array of enterprises, marketers, and advertisers. Often, the individuals whose profiles are being constructed are unaware of these transactions. The opacity surrounding data brokerage practices underscores the need for robust data protection and privacy regulations.[26]
Some governments have enacted data retention regulations, compelling internet service providers and telecommunications companies to retain user data for extended periods. While these regulations may serve legitimate purposes, such as aiding law enforcement investigations, they also introduce potential privacy concerns. The prolonged retention of user data can potentially expose sensitive information to unauthorized access and compromise individuals' privacy rights.[27]
The emergence of smart city initiatives represents a significant leap in urban development, promising enhanced efficiency, sustainability, and an improved quality of life for residents. However, these innovative projects, heavily reliant on advanced technology to collect and analyze extensive data from various sources, including traffic sensors and surveillance cameras, present a delicate balance between the benefits of innovation and the imperative of privacy safeguards.
Smart city projects are often celebrated as the future of urban development. These initiatives leverage cutting-edge technology to create more efficient, sustainable, and livable cities. By collecting and analyzing vast datasets obtained from a range of sources, including traffic sensors and surveillance cameras, smart cities aim to improve infrastructure, services, and the overall well-being of their residents.
Despite their potential benefits, smart city initiatives raise legitimate concerns about privacy infringements. The extensive data collection, tracking the movements, behaviors, and activities of individuals within the city, prompts worries about privacy violations. Residents are rightly concerned about the potential for their personal data to be exposed or misused.
A pivotal challenge within the realm of smart cities is ensuring the anonymization and protection of collected data. It is imperative to prevent potential misuse of this information. Inadequate controls could lead to data collected for legitimate urban development purposes being exploited for surveillance, profiling, or other intrusive activities. Robust measures, including strong data encryption, access controls, and data retention regulations, are essential for preventing unauthorized access and protecting the privacy of residents. Ensuring that data is not used to track or identify individuals without their consent is a fundamental component of this balance.[28] Striking the right balance between innovation and privacy safeguards is paramount to ensure that the benefits of smart cities are not achieved at the expense of individual privacy and civil liberties.
CHAPTER 5: CONCLUSION AND RECOMMENDATIONS:
The advent of the digital age, characterized by the ubiquitous presence of cyberspace, has ushered in a transformative era in communication, daily work, and usual life. While this digital transformation has undoubtedly brought numerous conveniences, it has concurrently spurred substantial concerns surrounding data privacy, pervasive surveillance, and the erosion of personal privacy. Privacy-enhancing technologies and legislative frameworks have emerged as indispensable tools to address these multifaceted challenges. Technologies such as data encryption and regulatory initiatives like the DPDP Act have provided essential means to safeguard individual privacy rights and promote responsible data handling. However, the dynamic nature of technology and data usage necessitates ongoing attention to regulatory and technological advancements.
It is an important realization that privacy and innovation can coexist in harmony. Adherence to privacy policy principles can build trust and stimulate the growth of the digital economy. Responsible data practices based on ethical principles not only ensure the protection of individual privacy but also contribute to sustainable economic development. Although investigation is an important tool to prevent cybercrime but must comply with a legal framework that respects privacy rights. Monitoring and accountability measures are critical to preventing potential abuses and protecting civil liberties. Ensuring that assessment activities are consistent, relevant and consistent with appropriate policies is essential to maintain a balance between security and privacy.
Moreover, given the global nature of cyberspace, there is an unprecedented need for international cooperation and standardized policies. Ensuring a safe and respectful digital realm for individuals and businesses requires a concerted effort to establish values, norms and conventions that transcend borders. Global collaboration is key to solving broader data export and privacy challenges, and ensuring a secure and private digital environment for all.
Recommendations:
In addition to the recommendations outlined, it is important to emphasize the importance of transparency, accountability, and ethical governance of data in organizations Transparent communication does truthfulness about data practices, and commitment to appropriate data governance builds trust between individuals and service providers.
In conclusion, the ongoing balance between innovation and privacy is a multifaceted challenge that requires comprehensive solutions including regulatory frameworks, technological developments, education systems, and global collaboration grow, and personal information remains secure.
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[2] PTI. (2018, April 4). India ranks 3rd among nations facing most cyber threats: Symantec. The Economic Times; Economic Times. https://economictimes.indiatimes.com/tech/internet/india-ranks-3rd-among-nations-facing-most-cyber-threats-symantec/articleshow/63616106.cms
[3] Bélanger, F., & Crossler, R. E. (2023). Privacy in the Digital Age: A Review of Information Privacy Research in Information Systems on JSTOR. Jstor.org. https://www.jstor.org/stable/41409971
[4] AIR 1963 SC 1295
[5] AIR 1978 SC 597
[6] AIR 1995 SC 264
[7] AIR 1997 SC 568
[8] AIR 2017 SC 4161
[9] Bole, D. (2022). Right to Privacy in the Digital Age . https://articles.manupatra.com/article-details/Right-to-Privacy-in-Digital-Age
[10] 2019 SCC OnLine SC 1587
[11] Ahmad , Z. (2023). Right to be forgotten . Manupatra.com. https://articles.manupatra.com/article-details/Right-to-be-forgotten
[12] Cécile de Terwangne. (2021). Council of Europe convention 108+: A modernised international treaty for the protection of personal data. Computer Law & Security Review, 40, 105497–105497. https://doi.org/10.1016/j.clsr.2020.105497
[13] Kaur , A. (n.d.). Right to privacy in digital era: A study with indian context. Retrieved November 6, 2023, from https://legalserviceindia.com/legal/article-5404-right-to-privacy-in-digital-era-a-study-with-indian-context.html
[14] Duggirala , A. (2019, May 4). Data Privacy Protection in India - Institute of Law. Institute of Law. https://law.nirmauni.ac.in/data-privacy-protection-in-india-technology-vis-a-vis-law/
[15] Yogesh Prasad Kolekar. (2015). Protection of Data Under Information Technology Law in India. Social Science Research Network. https://doi.org/10.2139/ssrn.2599493
[16] Surveillance | India | Global Data Privacy & Security Handbook | Baker McKenzie Resource Hub. (2022). Bakermckenzie.com. https://resourcehub.bakermckenzie.com/en/resources/data-privacy-security/asia-pacific/india/topics/surveillance
[17] Ghosh, B. (n.d.). Legal Issues Pertaining To Cyber Security And Surveillance In India. Retrieved November 7, 2023, from https://bengalchamber.com/itconclave/2016/barnik-ghosh.pdf
[18] Burman, A. (2023). Understanding India’s New Data Protection Law. Carnegie India. https://carnegieindia.org/2023/10/03/understanding-india-s-new-data-protection-law-pub-90624
[19] Shroff, C. (2023, August 4). The DPDP Bill Overview: A New Dawn for Data Protection in India. India Corporate Law. https://corporate.cyrilamarchandblogs.com/2023/08/the-dpdp-bill-overviewa-new-dawn-for-data-protection-in-india/
[20] Tomy, A. C. (2018). Cyber Crimes: Role of Law Enforcement Agencies. In The Law Brigade. Retrieved November 7, 2023, from https://thelawbrigade.com/wp-content/uploads/2019/05/Ann-Clara.pdf
[21] Cerezo, A. I., Lopez, J., & Patel, A. (2007, September 27). International Cooperation to Fight Transnational Cybercrime. ResearchGate; unknown. https://www.researchgate.net/publication/4273821_International_Cooperation_to_Fight_Transnational_Cybercrime
[22] Abhinav S. (2022, December 3). On Digital Devices and Criminal Investigations. The India Forum; TheIndiaForum. https://www.theindiaforum.in/law/digital-devices-and-criminal-investigations
[23] Mark Anthony Llego. (2020, June 17). The Importance of Student Privacy in the Education Process. TeacherPH. https://www.teacherph.com/importance-student-privacy-education-process/
[24] Lorenz, B., Sousa, S. C., & Tomberg, V. (2013). Privacy Awareness of Students and Its Impact on Online Learning Participation – A Case Study. ResearchGate; unknown. https://www.researchgate.net/publication/242070785_Privacy_Awareness_of_Students_and_Its_Impact_on_Online_Learning_Participation_-_A_Case_Study
[25] Mahapatra , S. (2021). Digital Surveillance and the Threat to Civil Liberties in India. Giga-Hamburg.de. https://www.giga-hamburg.de/en/publications/giga-focus/digital-surveillance-and-the-threat-to-civil-liberties-in-india
[26] Sarkhel, A., & Alawadhi, N. (2017, February 28). How data brokers are selling all your personal info for less than a rupee to whoever wants it. The Economic Times; Economic Times. https://economictimes.indiatimes.com/tech/internet/how-data-brokers-are-selling-all-your-personal-info-for-less-than-a-rupee-to-whoever-wants-it/articleshow/57382192.cms
[27] Jain, K. (2022, July 20). India’s Data Security Challenges - Gateway House. Gateway House. https://www.gatewayhouse.in/indias-data-security-challenges
[28] Bansal , A. (2023, August 3). Analyzing The Legal Aspects Of Privacy And Data Protection In Smart Cities, Legal Vidhiya. https://legalvidhiya.com/analyzing-the-legal-aspects-of-privacy-and-data-protection-in-smart-cities/
Authors: JAANVI SHARMA
Registration ID: 102290 | Published Paper ID: 2290
Year : Feb-2024 | Volume: 2 | Issue: 16
Approved ISSN : 2581-8503 | Country : Delhi, India
Page No : 24
Doi Link : https://www.doi-ds.org/doilink/02.2024-84478997/PRIVACY AS A FUNDAMENTAL RIGHT IN INDIA: A CRITICA
