LIJDLR

IT ACT

DIGITAL SURVEILLANCE AND INDIAN PRIVACY LAWS

Volume III Issue I /

DIGITAL SURVEILLANCE AND INDIAN PRIVACY LAWS Kamalpreet Kaur, BABA FARID LAW COLLEGE, PUNJAB Download Manuscript doi.org/10.70183/lijdlr.2024.v03.4 “Privacy is not an option, and it should not be the price we accept for just getting on the Internet.[1].” These words by technology expert Gary Kovacs highlight the growing concerns relating to privacy in this digital age. Privacy is a fundamental human right that allows an individual to live free from unwarranted public attention and interference. On the other hand, there is ‘Digital Surveillance’, the process of monitoring, analyzing, and collecting data relating to the virtual activities of individuals like online communications, social media usage, patterns, behaviors, etc. In this digital era, the internet and technology are growing rampantly and have become an important aspect of almost all spheres of life. This technology is also being used for surveillance by government agencies for various purposes like prevention of crime, national security, etc., and even private entities collect individuals’ data for running advertisement campaigns, preventing fraud, etc. However, such practices also raise concerns about individuals’ privacy as they violate the Right to Privacy, which, although not explicitly mentioned, has been recognized as an integral part of Article 21 of the Indian Constitution. Now, as the popular saying goes, “Excess of anything is bad.” While unchecked surveillance violates privacy rights, absolute privacy can also be misused. Thus, there is a need for a perfect balance between the surveillance and the privacy laws so that the misuse of any of these laws be checked. This paper examines the relationship between digital surveillance and privacy laws in India, assessing the effectiveness of existing legal provisions and their ability to balance security needs with individual freedoms. It also explores judicial perspectives, policy gaps, and potential reforms inspired by international best practices to strengthen privacy protection in the Indian context.   Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 61-77. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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Unveiling The Illusion: India’s Digital Privacy Failure

Volume I Issue III /

Unveiling The Illusion: India’s Digital Privacy Failure Ruchi Rao, 2nd year, 3rd semester student at Institutional Affiliation: Guru Ghasidas Central University of Chhattisgarh. Deekshant Verma, 2nd year, 3rd semester student at Institutional Affiliation: Guru Ghasidas Central University of Chhattisgarh. Download Manuscript ABSTRACT The advent of the digital age has interconnected our civilized society, providing a persistent connection between intelligence and pleasure through digital devices. However, this interconnectedness raises crucial questions about the privacy of our digital community. When individuals share personal information on websites, is it truly private? The internet, despite its numerous benefits, poses a significant threat to our privacy if our community fails to comprehend it is complexities. Have we ever questioned why social media platforms like Instagram tailor their content, such as reels, according to our mindset? Are social media users aware of the electronic agreements/contracts that websites enter into with them? It is not uncommon for websites to transfer users’ information to other platforms without their explicit consent, all in the pursuit of business growth. Even in the 21st century, with advanced technologies like 5G networks, our privacy remains insecure. Prominent social media platforms like Twitter can be hacked, dispelling the myth of privacy security. Moreover, online banking has opened avenues for money laundering. In light of these challenges, this paper critically examines the significance of data security in the 21st century, the concept of data privacy, the true implications of electronic agreements/contracts, the reasons behind the myth of data privacy, instances of international data breaches, the amendments of the IT Act, the recognition of the right to privacy under the Indian constitution, and the potential consequences if we fail to safeguard our privacy in today’s generation. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue III, Page 255- 285. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content Unveiling The Illusion: India’s Digital Privacy Failure CYBERBULLYING AND HATE SPEECH ON SOCIAL MEDIA: EVALUATING LEGAL REMEDIES FOR VICTIMS IN INDIA EXAMINING THE AGE OF CONSENT: A CRITICAL ANALYSIS OF THE POCSO ACT ANTITRUST AND AMBITIONS: MICROSOFT’S ACTIVISION MERGER THE IMPACT OF TECHNOLOGY ON THE LAW EQUALITY: EXPLORING TRANSFORMING LAW AND WOMEN’S RIGHTS

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