Introduction To Data Privacy

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Specific supreme courts privacy verdict and sentence and I'll be giving an analysis of the case

Puttaswamy vs union of India ,the historic judgement which reaffirmed the constitutional right
to privacy.

internet privacy encompassed a wide range of issues and topics. It was understood as privacy
rights that an individual has online with respect to their data and violations of the same that take
place online. Given the dynamic nature of the online spear privacy concerns and issues are
rapidly changing.

social media has become one of the most prevalent internet activitie where it has become the
primary source for opinion, connection and news. Facebook Instagram and Snapchat have
become one of the most popular gaints with more than 90% of the youth participating in it. These
social media portals collect volumes of personal data by graphical information, personal and
professional affiliations of people to organisations. It also contains details of chats, tweets photos
videos GPS location and checkins. this stores and disseminate personal information leading to
conflict of privacy rights of the individuals.

With the widespread adoption of social media platforms the market is bursting with innovation
of special tools. Facial recognition products are dispecifering faces online with such information
stored in online records. new airplane seating tools are being used to pay passengers with seat
with the passengers who are a good match. This is a kind of application that runs in Israel where
the airplanes use sealing tools to make sure that the passenger sitting with each other are
prospective good pairs. With widespread commercial and private use of social media there is a
give and take. whether the user gives away a free passes of privacy in order to get social media
benefits. However there is always a disadvantage that this users might have to pay a price for all
the information that someone can use against them illegaly or illegally. there are poor privacy
controls and negligible amount of privacy regulations in the social media networks. Due to the
government generated consumer privacy protection, social media provide us handle privacy
themselves and most of the providers neglect privacy rights with the help of agreements that the
user clicks on before starting to use a social media application. The clickwrap contract that users
enter in, are actually long and difficult for people to understand leading to them ignoring it. This
transaction could be termed as contractual abuse or even willing also this contract do not have
any negotiation process leading to no option for the user to actually amended the users can
therefore only hope for the private information to be safe with the social media handles.

we are going to draw some influence from the personal data protection bill that will put before
the parliament that is introduced before the parliament in the year 2019. the bill has classified
data into personal and non personal data. What is the personal data for the first time that is
linked to the attributes of the individual through which can be identified like that individuals own
location or something which is attributable to his own identification, but a non-personal data is
that information which does not help in the process of identification.

The bill seeks to refer to policies through which intrusion into the privacy of an individual
can be minimized. the information technology reasonable security practices and profit loss and
sensitive personal data or information rule 2011 protects the sensitive personal data of a user.
This includes information relating to passwords credit or debit card information biometric
information physical or mental health conditions sexual orientation medical history or biometric
information. However, it also provides and exclusion clause where any information if freely
available in public domain wouldn't be treated as sensitive personal data.

The rules also provide about the obligation of duty that is imposed on a body corporate that
acquires the data of an individual and provides that if any negligence is surface in maintaining
security standards for the data then the companies will have to compensate the individual.

The regulation did not empower an individual with right on the personal information that they
had shared. This specific loophole has been filled by the personal data protection bill 2019.
where an individual or the data principle acquires certain rights towards the processing,
collection and storage of the data. The individuals can now seek correction or even eraser of the
data, whereby if he wants the stop continuous disclosure of his that he may do so by withdrawing
his consent.

the bill broadens the aspect of personal data and its protection. it lays that no personal data shall
be processed without the consent given by the data principal at the time of commencement of
processing. The consent is valid only if it is free, informed specific clear and capable of being
withdrawn.
the bill also classified as a special category of processing of personal and sensitive personal
data of children. it talks about in obligation on every data fiduciary to process the personal data
of a child in a manner as to protect the child's right in the best interest of the child, with the
consent and verification from the child's parent or guardian. There has to be a consideration of
the possibility of harm to the child from the processing of the personal data. so from this specific
point which is laid down in section 16 of the data protection bill which is talking specifically
about the processing of personal and sensitive personal data of a child.

we can refer to the current case the current incident of the boys locker room. where there were
minors involved in both the scenario. Concentrating on the role of how the bill is talking about
processing of data of a child so basically it is stating that to process, collect the data of a child, it
needs to get it verified and get the consent from the child's parent or guardian. As you already
know Instagram basically has this provision where a child above the age of 13 years for child of
13 years or above can actually be a specific user of a handle in Instagram. so in this scenario
before the child actually share any kind of information about in any kind of data about him or
her, that specific data can only be used for Instagram only if the parents consents to. it in the
scenario we can see how these kind of incidents would be called on account of privacy of the
specific child and this is how the personal data protection bill 2019 is going to change the world
for the privacy concerns.

the applicability of the bill might result in two positive effects in the current society which is
under the illution of dependency of your platform. the dependency will be decreased if
individuals are made aware of the dark side of social media and the realisation of the right will
empower there well being.

to continue with the discussion and talking about the judgement which actually form the basis
for this personal data protection bill that is eat before the parliament in 2019 the right to privacy
judgement that is the analysis that I want to provide with regard to the justice KS puttaswamy
vs union of India judgement, which perform the constitutional right to privacy and this
judgement became the basis for laying down the personal data protection bill 2019, which looks
forward to giving a right of privacy a right of personal data that is given to every data principle
that is given to every individual which was lacking before a right to actually take away the data
are right to actually claim back the data from the social media portals they have posted that
information.

so now I will be discussing about the puttaswamy verdict in the next specific lecture in the next
part of the lecture that I am going to attach thank you

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