In terms of common person ‘Privacy’ implies the confidentiality of personal data and matters. In general terms, ‘privacy’ means having control over and free from interference and infringement over one’s personal information, process and mode of collection. The word ‘privacy’ has previously been commonly used in philosophical, political and judicial debates. Aristotle invented the idea of confidentiality. He differentiated them in public and private sectors, respectively, linked to policy, family and household life. But it is difficult to quantify and describe the word ‘privacy’ in modern times. It is difficult to achieve by improving technology. It raised some basic issues concerning human relations, freedom and autonomy. It is therefore necessary to philosophically analyse whether the technology works or not for the human race. Philosophical feedback plays a crucial role, as the notion of privacy is very difficult. We should therefore not reduce the issue of privacy to binary law, since we should risk hindering important debate around humanity.
Online privacy : need of the hour
The amount of sensitive information an Internet user shares when surfaceing is also known as online privacy or digital privacy. Worldwide, online privacy, particularly in its complexities and loopholes, is a growing concern. Companies aim to gather as much as possible of personal information. They monitor your activities online and customise different product and service ads according to your preferences. In addition, people continue to share their lives on social media and continue to lose their borders and become exposed. It is incredibly important to keep personal details confidential. It is therefore essential to understand your internet control rights
Difference between data privacy and data protection
Data security and privacy are intertwined and sometimes interchangeably used. Data privacy is a fundamental right recognised by the Universal Declaration of Human Rights, the Civil and political rights Convention and many other international conventions. Data privacy is a fundamental right. In accordance with Article 21, the Indian Constitution recognises also the right to privacy. The term “data security” refers to tools, mechanisms and policies that guarantee a third party’s access to information without the consent of its owner. The data protection is also known.
|Point of distinction||Data privacy||Data protection|
|1.Data protection does not ensure data privacy.||Data privacy is defined as the one having authorised access to the data. It||It focuses on protecting the data from unauthorised access. It serves as a technical control over one’s data.|
|2.One addresses regulations while the other addresses mechanisms.||Data privacy is a form of regulation that governs and controls the data shared with an entity.||Data protection is the mechanism that enforces the policies and regulation into motion and prevents it from unauthorised access or use.|
|3. Firms ensure protection & user controls privacy||Data privacy is controlled by the user.||It is the company’s responsibility of protecting the data and ensuring the level of privacy set by the users. The company must take precautions for protecting the data.|
|4. Data Security from Sales Vs. Security from Hacks||Data privacy is concerned about the information not being sold either online or offline.||Data protection is concerned with keeping the information safe from hackers.|
|5. Data protection without privacy is not possible.||Data privacy is to have control over your data and use of it.||Data protection ensures that your data is protected from unethical intervention and access.|
|6. Privacy-related questions need to be answered, firstly.||Data privacy measure precedes the query of security. We often overlook and avoid this fact.||Data protection is the act of safeguarding the data already obtained.|
While discussing the above differences between data privacy vs data protection we can draw the inference that it is hard to have true data privacy without data security.
Governing laws of online privacy and data protection in India
India does not possess any independent data privacy legislation to protect the shared or electronically received personal information. The Supreme Court, however, has recognised the rights to privacy as a constitutional right in the case of K. S. Puttaswamy vs Union of India under Article 21 of the Indian Constitution.
Information Technology Act, 2000: the aim of this Act is to legalise all electronic transactions. Currently, IT Law and the Rules (“The IT Rules”) for 2011 deal with, regulate and regulate cybercrime and electronic commerce, and the Reasonable security practises and procedures and Sensitive Personal Data or Information Rules. When the IT law came into effect in 2000, data security was lacking and it was finally changed in 2008. Section 43A states that if any company has any confidential data, and does not so protect another individual, he or she may be gained or caused unlawful loss.
In Sections 72A the penalty of disclosure is imposed that the individual may be jailed for up to three years or with a fine that does not exceed five lakhs or two in violation of a lawful contract. This punishment shall be imposed. The scope and coverage of the Act is restricted, because most provisions concern confidential information and personal data collected through computer resources. The data localisation that was the major reason for the banning of Chinese applications in India is not taken into account.
The Protection of Personal Data Bill 2019: The proposal is the result of K.S. Puttaswamy vs Union of India, which recognises the privacy right as a basic right. A 10-member committee headed by the retired SC Judge B.N. Srikrishna was set up by the Ministry of Electronics and Information Technology (MEITY). The Committee submissions a study entitled “A Free and Fair Digital Economy: Protected Privacy, Strengthened Indians” with a recommendation on the security of personal data. The purpose of the bill is to protect an individual’s personal data and create an authority on data security. A complainant will look for solutions under the bill, too.
Data is a personal or corporate asset. All businesses have data that includes personal documents, customer records, product specifics and management, commercial secrets, etc. Personal data protection mitigates the risks of expensive accidents, reputational harm, regulatory penalties and other damage. It builds customers’ trust as well. If an enterprise does not secure its data, third parties may access it and use it for themselves. The organisation may lose its data privacy infringement and may also affect the value of its goodwill or brand. For a person to prevent phishing scams, data protection is essential.