Right to privacy is nowhere cited in the Constitution of India in any specific and express words. However, this right is culled from Article 21 read with Directive Principle of State Policy by the ...judiciary. It is to be noted that like other fundamental rights, right to privacy is not an absolute right. Privacy is not just confined to some specific place or domain. But recent developments in technology and internet usage has rapidly exposed privacy to potential threats. On the one hand, technology has provided endless possibility to human beings of development but on the other hand, it has posed numerous challenges in front of us. Unreasonable interference upon person’s domain, disclosure of personal information, misappropriation of some one’s identity, hacking, digital stalking etc. will lead to violation of privacy. The present paper discusses the relationship between privacy and the increasing usage of technology. In this regard, protection provided by Indian laws as well as international instruments will be discussed to protect privacy right in digital world. After discussing issues and challenges, viable solutions will be discussed at the end of the article.
Purpose: The purpose of writing this research is to find an analysis of the Data Protection bill with reference to the parameters of data protection and the right to privacy attached to it. The bill ...contains lot many aspects of creating privacy standards and the legislation related to data protection is much needed for an hour. Aim: The aim of the study specifically covers the aspects of digital data and its protection related to it. The study covers aspects related to bill wherein the individual data protection considers to be an important part that creates trust between the person and entity/organization handling data. Methodology: This study is based on a doctrinal approach and analyzes the recent bill and existing laws for the data protection bill. The study specifically represents the recent bill of data protection and existing laws related to data protection and how the statistics show that there is an increase in digital transactions required to share data. Outcome: The outcome of this paper suggests that the data protection bill incorporates various in the form policies and mechanisms to drive out the personal and individual protection of data. The graphical representation in this study shows that there is a rapid change in technology wherein digitalization is required to keep the legislation related to data protection. Across the world, there are many countries that have a comprehensive regulatory framework wherein the expert committee was set under the Chairmanship of Justice B N Sri Krishna to examine to requirements and issues of data protection and its probable solutions.
Recent scholarship in philosophy, law, and information systems suggests that respecting privacy entails understanding the implicit privacy norms about what, why, and to whom information is shared ...within specific relationships. These social contracts are important to understand if firms are to adequately manage the privacy expectations of stakeholders. This paper explores a social contract approach to developing, acknowledging, and protecting privacy norms within specific contexts. While privacy as a social contract—a mutually beneficial agreement within a community about sharing and using information—has been introduced theoretically and empirically, the full impact on firms of an alternative framework to respecting the privacy expectations of stakeholders has not been examined. The goal of this paper is to examine how privacy norms develop through social contract's narrative, to redescribe privacy violations given the social contract approach, and to critically examine the role of business as a contractor in developing privacy norms. A social contract narrative dealing specifically with issues of privacy is an important next step in exploring a social contract approach to privacy. Here, the narrative is used to explain to analyze the dynamic process of privacy norm generation within particular communities. Based on this narrative, individuals within a given community discriminately share information with a particular set of obligations in mind as to who has access to the information and how it will be used. Rather than giving away privacy, individuals discriminately share information within a particular community and with norms governing the use of their information. Similar to contractual business ethics' impact on global commerce in explaining how and why norms vary across global contexts, the social contract approach to privacy explains how and why norms vary across communities of actors. Focusing on agreements around privacy expectations shifts the responsibility of firms from adequate notification to the responsibility of firms as contractors to maintain a mutually beneficial and sustainable solution.
Estuda-se o direito à privacidade, em seu nascedouro na atmosfera anglo-saxã. Pertinente o tema, pois, contemporaneamente, inúmeras leis e regulamentos estão sendo confabuladas, no sentido de ...proteger a pessoa, sua privacidade e dados pessoais, frente aos impactos da técnica. Conhecer, ainda que parcialmente, o right to privacy, e o que foi dito à época de sua “maturação”, apresenta-se benfazejo e, por isso, estuda-se algumas decisões e doutrinas, em conjunto com o texto de Warren e Brandeis. Conclui-se que o right to privacy, desde a sua “origem dogmática”, preocupava-se de maneira ampla com a pessoa e, excedendo a mera noção “majoritariamente” “liberal-patrimonial” e “individualista” de direito de personalidade daquele tempo.
All the democracies in the world have universally recognised the right to privacy and freedom of expression as fundamental human rights. It is fundamental to the preservation of all human rights, a ...basic element of democracy and a vital part of human dignity. Governments and governmental agencies frequently violate internationally accepted human rights, norms and standards under the cover of legislation. Media censorship is a worldwide issue that has existed for centuries. Censorship is often justified on the grounds of maintaining public order, but the underlying motive is to keep the people uninformed of governmental activities. It is argued that civil society, media personnel and the common people are working under pressure in Pakistan due to cyber and media laws. In the name of national security, the state has been working, intentionally, to put in place the best possible surveillance systems to establish a sort of watchdog over activists, bloggers, journalists and the general public.
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