Data Privacy

Data privacy is An area which deals with the branch of data security concerned with the proper
handling of data – consent, notice, and regulatory obligations (Cindy, 2019). Privacy of
information is paramount in this digital age where everything is interconnected and can be
accessed and used efficiently. The possibilities of our private information being extremely
vulnerable are very real, which is why we require data privacy. Data privacy, or information
privacy, is the necessity to preserve and protect any personal information, collected by any
organization, from being accessed by a third party. It is a part of Information Technology that
helps an individual or an organization determine what data within a system can be shared with
others and which should be restricted (Anastasia, 2015).

Data Protection and Privacy in India: The Current Scenario

Indian Constitutions article 21 is a fundamental right that guarantees the protection of life and
personal liberty. The article is not absolute and is subject to certain restrictions. The existing
framework for data protection is set out in the, IT Act, 2000 and the rules issued thereunder,
most importantly the Information Technology (Reasonable Security Practices and Procedures
and Sensitive Personal Data or Information) Rules, 2011 (IT Rules) (Obhan & Associates,
2019). There are certain acts under the IT act given by Ministry of Electronics and Information
Technology. Section 43A of the IT Act explicitly states that whenever a corporate body
possesses or deals with any sensitive personal data or information, and is negligent in
maintaining a reasonable security to protect such data or information, which thereby causes
wrongful loss or wrongful gain to any person, then such body corporate shall be liable to pay
damages to the person(s) so affected. Also, Section 72A provides for the punishment for
disclosure of information in breach of lawful contract and any person may be punished with
imprisonment for a term not exceeding three years, or with a fine not exceeding up to five lakh
rupees, or with both in case disclosure of information is made in breach of lawful contract
(Rana & Advocates, 2017).

Importance of the Data Privacy

There is a common misconception that only the big firms and governments, get targeted by
cyber-perpetrators. Individuals own electronic devices can be the next target for sensitive
information, such as their banking details, passwords etc. According to estimates by the Center
for Strategic and International Studies, cybercrimes cost the global economy over 400 billion
USD per year. There are several ways like phishing attacks, malware attacks, ransomware
attacks, man-in-the-middle attacks, etc. in which an individual can be affected (Barot, 2010).
As the data gets shared on our various devices, businesses are gathering and utilising this
personal information. We are engaged in so many online activities. And hence, data privacy
practices and informing consumers about the number of ways the data is being used is essential.
If the businesses protect data and respect privacy, they will earn the trust of their customers
(Sargent, 2019).

Data is one of the most valuable assets a company, government or any individual has. With the
rise of the data economy, firms find immense value in collecting, sharing data. The way
businesses request consent, abide by the policies and manage the data is an important parameter
of building trust and accountability with the stakeholders. Also, it is the right of an individual
to be free from undesirable surveillance (Cindy, 2019).

References
Anastasia. (2015). Data Privacy. Retrieved June 20, 2019, from
https://www.cleverism.com/lexicon/data-privacy/

Barot, S. (2010). Why Is Data Security Important for Everyone? Retrieved June 20, 2019,
from https://dzone.com/articles/why-is-data-security-important-for-everyone

Cindy, N. (2019). Data Privacy: Definition, Explanation and Guide. Retrieved June 20, 2019,
from https://www.varonis.com/blog/data-privacy/

Obhan & Associates. (2019). India: Data Protection And Privacy In India. Retrieved June 20,
2019, from
http://www.mondaq.com/india/x/801302/Data+Protection+Privacy/Data+Protection+an
d+Privacy+in+India

Rana, S. S., & Advocates, C. (2017). India: Information Technology (Reasonable Security
Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011.
Retrieved June 20, 2019, from
http://www.mondaq.com/india/x/626190/data+protection/Information+Technology+Rea
sonable+Security+Practices+And+Procedures+And+Sensitive+Personal+Data+Or+Infor
mation+Rules+2011
Sargent, J. (2019, January 28). Data Privacy Day highlights the growing importance of data
protection. SD Times. Retrieved from https://sdtimes.com/data/data-privacy-day-
highlights-the-growing-importance-of-data-protection/