IMPORTANCE OF PRIVACY IN TODAY'S WORLD

Author - Manorma Singh*

Introduction

Privacy is one of the essential things we desire as humans. Each one of us like that nobody reads our texts or any data breach happens. Technology advancement has enabled individuals to carry out their work fast or share their experiences with the world within seconds. However, it requires a lot of personal information to be uploaded, or if not, then requires specific permissions to further act on it. By this, the person on the other side gets access to our valuable information that we want to share with anybody. All such acts are a threat to the privacy of an individual. This article will learn about "what is privacy and its importance in today's technologically advanced world".

What is Privacy?

Privacy means "the right to be let alone; the right of a person to be free from any unwarranted publicity; the right to live without any unwarranted interference by the public in matters with which the public is not necessarily concerned."[1]

Privacy is considered a fundamental right. It serves as a foundation on which many other rights are built. It is guaranteed to protect an individual's dignity and is essential to autonomy. Privacy empowers us to create barriers and oversee limits to shield ourselves from inappropriate impedance in our lives, which permits us to arrange what our identity is and how we need to connect with our general surroundings. It encourages us to build up limits to restrict who approaches our bodies, spots, and things, just as our communications and data. Privacy is fundamental for who we are as individuals, and we settle on choices about it each day. It gives us a space to act naturally without judgment, permits us to think uninhibitedly without discrimination, and is a significant component of giving us command over our information.[2]

Privacy- A fundamental right

There are several international instruments in which the Right to privacy has been recognized as a fundamental right; some of these are

1. In the Universal Declaration of Human Rights 1948, Article 12 states that "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks."[3]

2. In the Convention for the Protection of Human Rights and Fundamental Freedoms 1950, Article 8 covers the "Right to respect for private and family life."[4]

3. The International Covenant on Civil and Political Rights 1966, Article 17 states that "1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honor and reputation. 2. Everyone has the Right to the protection of the law against such interference or attacks." [5]

Other international instruments in which privacy is guaranteed as a fundamental right are the "U.N. Convention on Migrant Workers", the "U.N. Convention on Protection of the Child," "American Convention on Human Rights," etc.[6]

Technology: A threat to privacy

Privacy and technology are two laced considerations that should be commonly analyzed and stood up to. Technology is a social activity that embodies the limit of social order to change by making it probable that not only the physical objects but also pictures, social structures and social relationships be created and regulated. In its turn, the privacy of these social relations represents an imperative and nuanced aspect[7]. The historical backdrop of your web users may not be serious to you; however, it uncovers a massive data load. It reveals all that you have at any point looked through, which means individuals can discover things like your bank details or any other personal detail.

Cookies are also a danger to privacy since organizations gather a ton of data about us to sort out what we are probably going to purchase and put their ads on our site pages. Cloud computing is also an immense danger because these sites, which regularly incorporate services like email, texting, and documentation, don't have security highlights that ensure our privacy[8]. These days, private information can be effortlessly recovered by any individual sitting at one spot. The duty to respect privacy is the state's prima facie duty, which seems to be deviating since technological advancements[9].

The landmark case of the Supreme Court on the Right to privacy

In the case of K.S.Puttaswamy v. Union of India[10], The petitioner, put forward "that the right to privacy was an independent right, guaranteed by the right to life with dignity under Article 21 of the Indian Constitution." The respondent contended that the Constitution of India only recognized personal liberties which may incorporate within their ambit, right to privacy, but only to a limited extent." The apex court in the nine-judge bench held that "the Right to privacy was a constitutionally protected right in India. It was an intrinsic part of the Right to life and personal liberty under Article 21[11]."

Importance of privacy[12]

Privacy causes the individual to be remarkable, self-sufficient, and unique. There are several reasons why privacy is essential; one such reason is that it acts as a limit on power. The less information someone will have about us, the less power they have over us. Personal information can be used to blackmail and, in the end, can affect the important decision of our lives due to fear of reputation.

Trust is the root of any relationship, be it professional or personal. If anybody breaches that trust, it hampers a person from inside as it makes a person reluctant to trust other relationships. Privacy is all about respecting other people; sharing anyone's personal information is extremely disrespectful to them. It protects an individual from this world's harsh judgment. Other reasons are that it helps maintain informational boundaries in society, reduces control of others in one's personal life, and enables an individual's freedom from social and political activities.

Conclusion

The Right to privacy is a fundamental part of the Right to life and personal liberty under Article 21 of the Indian Constitution. So in order to protect this Right, legislatures, while enacting laws, should keep in mind that no arbitrary and illegal interference of government or private parties shall be allowed. Also, personal data collection without the consent of the person through modern technology shall strictly be prohibited. Stricter and separate laws shall be enacted covering protection of privacy as the main subject.

Awareness must be created among people regarding privacy laws. With the consistently expanding progression in innovation in the present times, it has become fundamental that the Right to privacy is ensured satisfactorily. Our lives are unnecessarily presented to social media, and it has become basic that assurance ought to be given to everyone such that it doesn't make a trepidation in the brain of individuals about their entitlement to security[13].

REFERENCE

1.Aastha Ummat, “Privacy as a fundamental right”, Law times journal, Publication Date:10/05/20, Privacy as a fundamental right - Law Times Journal, Last Visited:03/06/21.

2."What Is Privacy?”, Privacy International, Publication Date:10/23/17, What Is Privacy? | Privacy International,Last Visited:03/06/21.

3.“Universal Declaration of Human Rights”, Last Edited: 01/27/97, http://www.hrweb.org/legal/udhr.html, Last visited:03/06/21.

4. Convention for the Protection of Human Rights and Fundamental Freedoms Rome, 4.XI.1950.

5. International Covenant on Civil and Political Rights, Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966.

6.“Privacy and Human Rights- An International Survey of Privacy Laws and Practice”, Global Internet Liberty Campaign, http://gilc.org/privacy/survey/intro.html#fnlnk0021 , Last Visited: 03/06/21.

7.Diganth Raj Sehgal, “Technology : a threat to privacy”, ipleaders, Publication Date:11/05/20, Technology : a threat to privacy - iPleaders, Last visited:03/06/21.

8. “ Threatens Your Privacy Essay example”, Bartleby research, Technology Threatens Your Privacy Essay example - 964 Words | Bartleby, Last Visited:03/06/21.

9.Diganth Raj Sehgal, “Technology : a threat to privacy”, ipleaders, Publication Date:11/05/20, Technology : a threat to privacy - iPleaders, Last visited:03/06/21.

10. Writ Petition (Civil) No. 494 of 2012, (2017) 10 SCC 1.

11. Ritansha Lakshmi, “Case Summary: Justice K. S. Puttaswamy (Retd.) vs. Union of India, 2017”, Publication Date:04/10/20, Case Summary: Justice K. S. Puttaswamy (Retd.) vs. Union of India, 2017 |LawLex.Org, Last visited:03/06/21|.

12. Daniel Solove, “10 Reasons Why Privacy Matters”, Teachprivacy, Publication Date:01/20/14, 10 Reasons Why Privacy Matters - TeachPrivacy, Last visited :03/06/21.

13.Aastha Ummat, “Privacy as a fundamental right”, Law times journal, Publication Date:10/05/20, Privacy as a fundamental right - Law Times Journal, Last Visited:03/06/21.

*The Author is a 4th year B.A.LLB (Hons) student at Amity Law School, U.P. (Lucknow Campus)

Disclaimer: The opinions and views in this article are personal and independent opinions of the author. VAIDHA doesn't hold any liability arising out of this article