Right to Privacy and Data Protection Issues in India

The progress of technology and the dynamism of the legal universe in this latest age provide a perspective on privacy and data protection problems.

- DR. S. KRISHNAN AND MS. DIVYANSHI JANGU

Privacy is something that does not interfere with other people's interests. Due to technological development, privacy has become a priority of every person and it also places a narrow emphasis on information security. Data protection emphasizes the freedom of people and the freedom of these people is threatened by the stranger's interference. It is necessary to stop the interaction of the stranger to the operation of the individual by any means. Any fresh phenomenon can be validated through the constitution as a fundamental legal necessity.

Although privacy is not expressly given in accordance with the Constitution, it implies the right to privacy as guaranteed personal freedom under Article 21. There is an intrinsic dispute between data protection and the right to privacy. Data protection and privacy were dealt with in an exhaustive way but not in the Information Technology (Amendment) Act, 2008. In data protection, the IT Act is not adequate and a distinct legislation is therefore needed in this respect.

INTRODUCTION

The concept of privacy is not old in India. The ancient Indian knowledge theory, based on all literature from Upanishad, prescribes meditation, which must be done without any external disruption. The estates and the 'Arthashastra' show sufficient concern and regard for the privacy of the individual. The use of curtains is defined in the Ramayana and other classical literatures are developed in a certain manner. Private life is the thing that everybody needs to limit to him and other feel crazy in earthing the same.