Review of Literature

Topic

INVASION OF PRIVACY ON SOCIAL MEDIA: EMERGING LEGAL

ISSUES IN INDIA

Date: 21.02.2021 Time: 01.00 P.M.

Submitted to Submitted by

DR. LAXMAN SINGH RAWAT SHREYA SINGH

Assistant Professor Roll No. 20425LLM079

Faculty of Law

BHU

FACULTY OF LAW
BANARAS HINDU UNIVERSITY
VARANASI
I take this opportunity to express my profound gratitude and deep regards from my inner core
of my heart to my research methodology teacher Mr. Laxman Singh Rawat Assistant
Professor, Faculty of Law, BHU for his exemplary guidance, monitoring and constant
encouragement to complete the assignment of Literature Review on “Invasion of Privacy on
Social Media: Emerging Legal Issues in India.”

I am obliged to staff of Law School’s Library and University Library for the valuable
information provided by them in their respective fields. I am grateful for their cooperation
during the period of my assignment.

Lastly, I thank almighty, my parents, brother and my friends for their constant encouragement
without which this assignment would not be possible.

Date: Feb. 21, 2021

SHREYA SINGH

Roll No. 20425LLM079

 LIST OF ABBREVIATIONS

& And
AIR All India Reporter
Anr. Another
Art. Article
Co. Company
e.g. Example
ed. Editor
edn. Edition
Ltd. Limited
Ors. : Others
Pvt. Private
Rtd. Retired
SC Supreme Court
UOI Union of India
v. Verses
 LIST OF CASES

Justice K.S. Puttaswamy (Rtd.) and Anr. v. UOI & Ors. AIR 2017 SC 4161
 REVIEW OF LITERATURE

ON

INVASION OF PRIVACY ON SOCIAL MEDIA: EMERGING LEGAL ISSUES IN INDIA

For the purpose of Review of Literature on Invasion of Privacy on Social Media: Emerging
Legal Issues in India, researcher scrutinizes primary and secondary source materials, and
presents a systematic and coherent study below.

The landmark judgement of Justice K.S. Puttaswamy (Rtd.) and Anr. v. UOI & Ors.1 has
provided immense information about the Right to Privacy in India. The apex court observed
the right to privacy as a fundamental right under Art. 21 of the Constitution of India. The
Court also emphasized on the right of an individual to exercise control over his personal data
and to be able to control his/her own life would also encompass his right to control his
existence on the internet.

The report2 of the Committee of Experts under the Chairmanship of Justice B.N. Srikrishna
identified key data protection issues in India and recommended methods of addressing them.
The report also made suggestions for consideration of Central Government on principles to
be considered for data protection in India and suggested a draft data protection bill.

The author is proud enough to have books on cyber laws which provided information about
the risk of Internet abuse depends on the method of Internet connectivity, the type of
computer hardware used, the number and type of security devices in use, and the nature of the
user e.g. educational institution Government entity, business or home.3

Art. 12 of the Universal Declaration of Human Rights, 1948 which specifically proclaims
territorial and communication privacy as “No one shall be subjected to arbitrary interference
with his privacy, family, home or correspondence, not to attacks on his honour or reputation.
Everyone has the right to the protection if the law against such interference or attacks.”4

Also, the internet privacy related issues can be traced from the information gathered from the
Data Protection Act, 1998 of the United Kingdom which was enacted on July 16, 1998 for
1
AIR 2017 SC 4161
2
Government of India, “Report on the Data Protection Law” (2018)
3
Dr. Farooq Ahmad, Cyber Law in India 305 (New Era Law Publications, Delhi, 2nd edn.,2005).
4
Universal Declaration of Human Rights adopted and proclaimed by General Assembly resolution 217A(III) of December 10, 1948.
implementing the European Union’s Data Protection Directive. This is the key to the issue of
Internet privacy in Great Britain.5

The article about social media users provided useful information on how social media users
negotiate privacy violations and what role their understanding of privacy laws might play in
their strategies of negotiation.6

5
Nandan Kamath (ed.), Law Relating to Computers, Internet and E-Commerce 380 (Universal Law Publishing Co. Pvt. Ltd., Delhi, 2000).
6
Katharine Sarikakis and Lisa Winter “Social Media Users’ Legal Consciousness About Privacy” Sage Journals (2017)
 BIBLIOGRAPHY

_______________________________________________________________

REPORTS

Government of India, “Report on the Data Protection Law” (2018)

BOOKS

Dr. Farooq Ahmad, Cyber Law in India 305 (New Era Law Publications, Delhi, 2nd edn.,2005).

Nandan Kamath (ed.), Law Relating to Computers, Internet and E-Commerce 380 (Universal Law Publishing
Co. Pvt. Ltd., Delhi, 2000).

ARTICLES

Katharine Sarikakis and Lisa Winter “Social Media Users’ Legal Consciousness About Privacy” Sage Journals
(2017)

INTERNATIONAL DOCUMENTS

Universal Declaration of Human Rights adopted and proclaimed by General Assembly resolution 217A(III) of
December 10, 1948.