Freedom, Privacy & Data Protection

The uncharted territory in Social Media in India

 Link between Freedom & Privacy

In popular belief Privacy is associated with seclusion or secrecy

In legal terms it is understood as control over personal information
Privacy is the freedom of deciding how much information to share.
Thus, it takes the form of Data protection in social media.
 Link between Law & Ethics

Law refers to a set of rules that governs citizens and their actions. It is

enforceable. Not following law will invite punishment
Ethics is a branch of moral philosophy that guides people about the basic
human conduct. At individual level it is called morality; at collective
level it is called Ethics. It can not be enforced; it is also difficult to award
punishment for violating ethics
Freedom is defined in India by Fundamental Rights. Freedom of
expression by Art 19 (1)(a). Restrictions on this freedom imposed by Art
19(2)
There is no specific law in India on privacy or data protection
Right to Privacy is a Fundamental Right derived from Art 21 of
Constitution (right to life & liberty)[SC in 2017]
 Types of privacy

Spatial - concerns physical space, bodies, things

Decisional - about self-defining choices
Informational - control over personal information (Data protection /
Social Media)
 Data Protection Approach

US - laissez faire [Privacy Act, 1974; the Electronic Communications Privacy Act, 1986;
the Right to Financial Privacy Act, 1978; 1st, 4th, 5th & 14th Amendments to Constitution]

EU - GDPR 2018 [General Data Protection Regulation- a comprehensive legal

framework that deals with all kinds of processing of personal data]

China - state control [perspective of averting national security risks, enacted Cyber
Security Law in 2017]
 Indian Scenario
Information Technology Act 2000 and Amendment in 2009 (Sec 66a)
SC struck down Sec 66a in 2015
Concern over Aadhar in - petitions before SC on validity of Aadhaar
(Targeted Delivery of Financial and Other Subsidies, Benefits and
Services) Act, 2016.
The petitions claimed infringement of the right to privacy, SC said it was
first important to determine whether this right existed under the
constitution
SC said in 2017 right to privacy is embedded in Art 21
Committee to look into question of Data Protection formed in 2017
under Justice B. N. Srikrishna
Personal Data Protection Bills was introduced in 2018