A fundamental right and the cornerstone of democracy, privacy is. According to Article 21 of the Indian Constitution, the right to privacy is recognised as a basic right in India. For the sake of preserving individual freedom, dignity, and autonomy, privacy is crucial. But in the age of technology, the idea of privacy has grown complicated and difficult. Data breaches, cyberstalking, and identity theft are just a few examples of the increased privacy infractions brought on by technological improvements. As a result, it is necessary to control how technology affects Indian privacy regulations.
The Information Technology Act, 2000 (IT Act) was passed to give transactions made via electronic data interchange and other forms of electronic communication legal status. The IT Act guarantees the security of sensitive personal data and personal information (SPDI). The IT Act further specifies penalties for hacking, data theft, and illegal access to computer systems. To address the issues brought on by technology improvements, the IT Act was modified in 2008, 2011, and 2013.
The Ministry of Electronics and Information Technology introduced the Personal Data Protection Bill, 2019 (PDP Bill) in the Lok Sabha on December 11, 2019. (MeitY). The PDP Bill aims to establish a Data Protection Authority and to provide for the protection of personal data of individuals. The guiding ideas of the PDP Law are accountability, openness, and informed consent. Penalties for breaking the PDP Bill's rules are also included in its provisions.
Any information that can be used to directly or indirectly identify a person is referred to as personal data in the PDP Bill. According to the PDP Law, sensitive personal data includes information on passwords, finances, health, sexual orientation, biometrics, genetics, transgender status, caste or tribe, political or religious beliefs, or any other category of information designated by the Data Protection Authority. The PDP Law stipulates that personal data may only be processed with the data subject's express and informed consent. The PDP Law also guarantees the right to data portability, the right to be forgotten, and the right to have incomplete or erroneous data corrected.
Many people have criticised the PDP Bill for being too liberal on the government and providing it broad authority to exempt its agencies from the Law's requirements. The fact that the Bill establishes a Data Protection Authority with some degree of partial government control has also drawn criticism. A Joint Parliamentary Committee has been charged with further reviewing the Bill.
The Aadhaar Act, 2016, outlines the procedures for gathering and storing biometric and demographic information on Indian citizens in order to generate an Aadhaar—a special identifying number—for each of them. At India's Supreme Court, the Aadhaar Act has been contested on grounds of privacy breach. In its ruling in Justice K.S. Puttaswamy (Retd.) and Anr. v. Union of India and Ors., the Supreme Court of India stated that privacy is a fundamental right protected by the Indian Constitution and that the Aadhaar Act only permits the collection and storage of biometric and demographic data with the individual's consent.
The State must make sure that no one's right to privacy is violated when using technology, according to the Supreme Court of India. The State must make sure that the use of technology and privacy protection are balanced, according to the Supreme Court of India.
In conclusion, technology has significantly impacted Indian privacy laws. The PDP Bill and the IT Act are significant initiatives to safeguard privacy in the digital age. The right of persons to privacy in the use of technology has also been significantly defended by the Supreme Court of India.
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