The Momma Clan

Data privacy rights ensures individuals to manage their personal information and how they’re used. These rights include the ability to access, correct, or even erase the data, apart from objecting to its processing. In several jurisdictions in India, these rights are enshrined in law, like the Digital Personal Data Protection Act, 2023. Thus data privacy, the right to control one’s personal data, is increasingly recognized as a fundamental human right necessary for individual autonomy and dignity in the digital era. This right is vital for nurturing faith in digital ecosystems, protecting vulnerable communities, and empowering freedom of expression. 

Internet usage has expanded over a couple of decades, so has the significance of data privacy. Applications, websites, and social media platforms often require to pick up and store personal information about users in order to deliver services. But, some applications and platforms may exceed users’ expectations for data collection and usage, leaving users with less privacy than they desired. Other platforms and apps may not give sufficient safeguards around the data they collect, whose outcome results in a data breach that compromises individual user’s privacy.

For example: Just imagine, you’ve signed up for an online service and later learn that some of the information you provided was wrong. You have the authority or the right to request that the service provider correct the false data. If you choose to end the services, you can also request that your data be deleted permanently, and you can object to the service provider using your information for any processing thereafter. 

Another example of privacy: You can envision the privacy of the individual as bodily autonomy or freedom. Bodily autonomy is the belief that you have control over your body, and who is allowed to it. This goes further, such as attack. Being assaulted by someone is a clear invasion of bodily freedom or autonomy.

Following are the key points for explanation of what data privacy is all about:

1. Data Privacy, a Fundamental Right:

• Modern technology has penetrated every field in today’s digital age, therefore data privacy is very necessary for protecting individual dignity and freedom.
• It is considered as a fundamental right that emphasizes several other human rights, including freedom of speech, expression and safety from surveillance. 
• Acknowledging data privacy as a human right stresses the requirement to boost equality, protect vulnerable communities, and nurture trust in digital settings. 

2. Importance of Data Privacy:

• Personal Autonomy:
  The right to privacy empowers people to make individual choices free from unwarranted interference, allowing them to speak out, engage in relationships, and take part in social activities without any fear of discrimination or vigilance. 
• Safeguard from Misuse:
  Data privacy protects individuals from the possible misuse of their personal information, which could lead to numerous harms, including destroying of reputation, discrimination, and monetary loss. 
• Loyalty and Security:
  Robust data privacy exercises create trust between individuals and organizations, motivating participation in online activities and nourishing a safe digital environment. 
• Manage and Choice:
  Data privacy empowers individuals to control their personal data, including the capacity to access, correct, or erase it, and to comprehend how it’s being utilized. 
• Growth of Privacy:
  The matter of privacy has evolved from a concentration on physical spaces to encompass the online area, where people need to control their digital presence and data. 

3. Data Privacy in Our Country:

• The Supreme Court of India has acknowledged data privacy as a fundamental right in the Puttaswamy case (2017), strengthening its significance under Article 21 of the Indian Constitution. 
• This landmark decision established the direction for the development of the exhaustive data protection regulations and laws in India. 
• The Digital Personal Data Protection Act, 2023, is an important step towards building a strong legal framework for data privacy in our nation. 
• Data protection rules and laws in India strive to balance individual rights with the legitimate requirements of the state, including public order and national security. 

4. Future Directions and Challenges:

• The expanding volume and complexity of data collection, especially with the rise of mobile devices and social media, build huge challenges to data privacy. 
• Balancing data privacy with valid interests, such as national security and economic development, remains a complex job. 
• Firms or companies need to execute tough security measures to save data from invalid unauthorized access, loss, or theft. 
• Constant drives are needed to raise awareness about data privacy rights and fruitful practices, both among organizations and individuals. 
• The growth of innovative technologies can help to allow data sharing while safeguarding individual privacy. For example – Differential privacy, which is a standard for computations on data that limits the personal information that’s disclosed by an output.

CONCLUSION –

Data privacy is not just a legal term. It is all about enabling an individual’s personal space, choice and dignity, as the digital world is progressing rapidly. India validates it as a fundamental right that affirms individual freedom. Apart from those laws like IT Act and the Digital Personal Data Protection Act, 2023, there is a big responsibility by the Government agencies and leaders together, to assure that an individual’s privacy is never compromised.

-Shashi Thakur