Post on 06-Apr-2018
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Monami Mitra
M.com(e-com)
Semester IV
Roll no. 11
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Introduction
Meaning of Privacy
Internet Privacy
Privacy and Confidentiality
The Right to Privacy
The OECD Principles
Legal Implication of privacy issues
In India
In UK
In U.S
Case studies on privacy issues
Conclusion
References
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The growing e-commerce and the widespreadavailability of online databases raise many fears regarding
loss of privacy and many statistical challenges.
This has given primary concern to privacy issue in allover the world in different forms.
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The world privacy has been derived from Latin word
Privatus which means separate from rest.
Privacy can be understood as a right of an individual to
decide:
who can access the information ,when they can access the information, and
what information they can access.
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According to Indian Constitution inArticle 21
Privacy means protection of life and personal liberty
No person shall be deprived of his life or personal
liberty except according to procedure established by law
The privacy is considered as one of the fundamental
rights provided by constitution in list I (13)
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Internet privacy consists of privacy over the media
of the Internet: the ability to control whatinformation one reveals about oneself over the
Internet, and to control who can access that
information
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From creating a mail account to open an online banking
account we pass on our personal information everywhere
in a day to day life . Ideally the provided information
must be used for limited purpose only for which it has
been collected but in reality this information is further
processed, sold for unauthorized purpose without the
permission of the data owner.
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Cookies
HTTP
Browsers
Downloading freeware or sharewareSearch engines
Electronic commerce
Spam
Dangers of Internet ChatSocial networking
blogs
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It is the claim of individuals ,groups orinstitutions to determine for themselveswhen, how and to what extent informationabout them is communicated to others.
Privacy
It involves a sense of expressed or impliedbasis of an independent equitable principleof confidentiality.Confidentiality
These two terms are somewhat synonymous but there is a
little difference between them.
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It is common for the journalist to use anonymousinformants. The identities of the informants are
kept confidential but are known to the Journalists.
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Right to privacy involves the right to controls ones personal information and ability to determine if and
how that information should be obtained and used.
This principle of privacy becomes all the more relevantwith the onset of the internet and e-commerce in India.
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The OECD guidelines on the protection of privacy were
developed in 1980, to help harmonise national privacylegislation and at the same time ,prevent interruptions in
international flows of data.
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The collection limitation principle
The data quality principle
The purpose specification principle
The use limitation principle
The security safeguard principle
The openness principle
The individual participation principle
The accountability principle
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There should be limits to the collection of personal data
and any such data should be obtained by lawful and fair
means and where appropriate , with the knowledge or
consent of the owner.
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Personal data should be relevant to the purposes forwhich they are to be used, and to the extent necessary
for those purposes should be accurate, complete and
kept up-to-date.
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The purposes for which personal data are collectedshould be specified at the time of data collection only
and its use is limited to that purpose only.
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Personal data should not be disclosed, made available or
otherwise used for purposes other than specified except:-
With the consent of the owner
By the authority of law
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Personal data should be protected by reasonable security
safeguards against such risks or loss or unauthorized
access ,destruction use, modification or disclosure of data
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There should be a general policy of openness about
developments, practices and policies with respect to personal data. Means should be readily available of
establishing the existence and nature of personal data,
and the main purposes of their use, as well as the identity
and usual residence of the data controller
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An individual should have right :-
To obtain from a data controller or otherwise, confirmation
of whether or not the data controller has data relating to him.
To have communicated to him ,data relating to him
1. Within a reasonable time
2. In a reasonable manner
To be given reasons if a request made under sub
paragraphs is denied, and to be able to challenge such
denial
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A data controller should be accountable forcomplying with measures which gave effect to the
principles stated above.
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No specific legislation pertaining to data protection and
privacy has been enacted in India. However, there exist four
components of data protection and privacy regime in India,
namely:
Constitution of India
Judgments of the Honble Supreme Court of India
The Information TechnologyAct, 2000
The Indian ContractAct, 1872
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Under article 21 of Indian constitution no person shall be
deprived of his life or personal liberty except according to
procedure established by law.
Under this article , a citizen has a right to protect the privacy of
his own , his family, marriage, motherhood, childbearing, and
education .
No one can publish anything concerning the above matters
without his consent, whether truthful or otherwise and whether
critical , unless they are a part of public records.
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If one follows judgment of supreme court ,three things emerge:-
That the individuals right to privacy exists and any unlawful
invasion of privacy would make the offender liable for theconsequences in accordance with law.
That there is constitutional recognition given to the right of privacy
which protects personal privacy against unlawful government
invasion
That the persons right to be let alone may be lawfully restricted for
the prevention of crime .
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Section 72 of the act, establishes an information technology
offence of breach of confidentiality and privacy
Section 66(e) of ITAA 2008 describes the punishment for the
violation of privacy.
Section 43(a)of ITAA 2008 provides for the compensation for
failure to protect data
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any person who, in pursuant of any of the powers
conferred under this Act, rules or regulations made
there under, has secured access to any electronicrecord, book, register, correspondence, information,
document or other material without the consent of the
person concerned discloses such electronic record,
book, register, correspondence, information,document or other material to any other person shall
be punished with imprisonment for a term which may
extend to two years, or with fine which may extend
to one lakh rupees, or with both.
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It is important to note that the scope of this section
is limited to those authorities,which have been
granted power under this act.
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Whoever, intentionally or knowingly captures, publishes
or transmits the image of a private area of any personwithout his or her consent, under circumstances
violating the privacy of that person, shall be punished
with imprisonment which may extend to three years or
with fine not exceeding two lakh rupees, or with both
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Where a body corporate, possessing, dealing or handling
any sensitive personal data or information in a
computer resource which it owns, controls or operates, is
negligent in implementing and maintaining reasonable
security practices and procedures and thereby causes
wrongful loss or wrongful gain to any person, such body
corporate shall be liable to pay damages by way of
compensation, , to the person so affected
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Sensitive personal data or information means such personal
information as may be prescribed by the Central Government in
consultation with such professional bodies or associations as it may deem
fit.
The victim of a breach of privacy is provided a remedy to claim
compensation from the body corporate who has been negligent. There is
no upper limit for the compensation to be claimed which may even be in
excess of Rs 5 crores.
This section provides a remedy to the "person affected" when "Wrongful
loss" is caused to him or "Wrongful gain" is caused to another person at
the expense of the affected person. There is no limit for the
compensation.
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In a contract , confidentiality clause exists which
means that where an organization/company agrees tomaintain the confidentiality of information relating to an
individual , any unauthorized disclosure of information
would amount to a breach of contract inviting an action
for damages as a consequences of any default inobservance of the terms of contract.
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Fairly and lawfully processed
Processed for limited purpose
Adequate , relevant not excessive
Accurate
Not kept longer than necessary
Processed in accordance with the data subject's rights
Secure
Not transferred to countries without adequate protection
Data must be:-
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m.com(e-com)
Semester III
Roll no. 3
conclusion
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Books :-
Ahmad ,F.(2nd ed.).(2005).Cyber Law in India.Delhi:New
EraKamanth ,N.(2nd ed.).(2006).Law relating to Computer
Internet &E-commerce. New Delhi: Universal Law.
Sood,V.(2nd ed.).(2003).Cyber Law Simplified. New Delhi:
McGraw Hill.
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Websites
http;//www.delhicorts.nic.in/cyber%20law.pdf
http;//www.infosecon.networkshop/pdf.4.pdf.htm
http;//www.cno.org/docs/prac/41069-privacy.pdf
http;//www.ijest.info/docs/JEST10-02-05-136.pdf
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