The current state of cyberspace is one of extraordinary change and upheaval.
Technology is developing at a breakneck pace; newer innovations and improvements
appear before the ones that are already in use have a chance to settle and
The web demonstrated due to a lack of strict legislation, to be a useful
battlefield for cyberattacks and psychological warfare by both state and
non-state actors. As a result of technological developments and rising usage, a
lot of personal information is transmitted over the internet. The employment of
these technologies has benefited people in many ways, such as making it possible
to communicate more swiftly and advance education, among other things.
The primary problem with the Indian surveillance architecture is the expansive
mandate given to law enforcement officials, as well as the absence of judicial
or independent oversight. State capacity is the second thing to take into
account. Regarding the quantity of
There have been submitted requests for surveillance, but the decision to put
someone under surveillance is primarily subjective. Given the disparity in power
between citizens and governments, passing a comprehensive law that limits what
the government can do, outlines the conditions under which it may violate
fundamental rights, regulates law enforcement organisations, establishes control
and oversight mechanisms, and gives citizens the ability to hold the government
accountable is the only practical way to curtail government action.
International Laws on Data Protection and Data Privacy
The Right to privacy has been specified recognised in India through Article 21
of the Indian Constitution and many other countries also follow the concept of
Data Privacy. Different countries have different laws for data protection
according to the needs and requirements.
- United States of America (USA):
America which is considered to be the most developed, powerful and also
resourceful country of the globe. They have also given recognition to Right
to Data Privacy. They have specific laws enacted by their Parliament. Any
person whose Data Privacy has been infringed can bring a suit in the Court
of Law. Suit can be filed for any data infringement and also for disclosure
of personal and sensitive information to a third party without the owner's
There have been various amendments in the US Constitution to protect the
rights of there citizens. Amendments have also been made with concern to
Data Privacy. For instance, the fourth amendment of the US Constitution
provides privilege to the people from any arbitrary search and seizure by
State Authorities. They also have separate Acts enacted for different
- United Kingdom:
The concept of Right to Privacy in UK was established in the year 2000, it
was through the enactment of Human Rights Act, 2000. Later, U.K also become
the part of General Data Protection Regulation (GDPR) , which was a legal
framework regime to regulate the personal data of Individuals in the
European Union. In the year 2018, U.K formulated its own legislation for
Data Protection known as the Data Protection Act, 2018 that laid down all
the rules and regulation for Data Protection.
The Act also mentioned about an authority known as Information Commissioner
Office (ICO) which is constituted monitor and scrutinise the data processing
of individuals by different organisations.
The Russian Constitution also emphasises on Right to Privacy on individuals
it also recognises it as a Fundamental Right similar to India. They have
strict laws to protect the personal and sensitive laws of the there
individuals wherein it mentions that no communication or transfer of data
should be made without the consent of the owner.
However, there is an exception when the data is collected by the state
authorities. Consent of individuals plays a very significant role. Article
24 of the Russian Constitution specifically mentions about consent of the
owners, no person shall collect, store, or publish any personal data without
express consent of the owner. If done without the consent the operator will
be held liable with imprisonment up to 2 years and fine up to 2,00,000
Legislation for Data Protection in India
The Concept of Right to privacy was declared to be a fundamental right
pronounced through a judgement by the Hon'ble Supreme Court of India. Data
Protection in India is a recent phenomenon developed over the years. There is no
specific law or statue for Data Protection in India. However, they are
indirectly mentioned in certain legislation. For Instance-
In the Indian Constitution Article 21 mentions on Right to Life and Personal
Liberty. In the year 2017 Right to Privacy was declared to be a fundamental
Right under Article 21 of Indian Constitution. In case of any violation, a suit
can be filed by the individual under Article 32 of Indian Constitution.
The Indian Penal Code has been into existence from the British Rule. The Indian
Penal Code which was mainly enacted to give punishments for the criminal
offences within the premises of India. IPC does not specifically mention about
directly However, IPC mentions about privacy concerns indirectly. It protects
the individuals whose privacy is violated. Section 471 of IPC mentions about
usage of electronic document which is forged, such person shall be punished in
the same manner that of he forged.
Sec 379 of IPC mentions about theft any person who dishonestly takes into his
possession without the owner's consent shall be punishable with imprisonment of
three years or fine or both.
Information Technology Act,2000- The Act was established to deal with all the
Cybercrimes, any frauds, or complaints in e-commerce sector. The Act also lays
down provisions for data protection and data privacy concerns.
Data Protection & Information Technology (Amendment) Act 2008
The main objective of the Act was in relation to all cyber matters. It provides
safeguards to the individual from any breaches from the computer source. The Act
also constitutes certain provisions for prevention of any unlawful method for
usage of computer or storage of data in the computer system. This Act has been
specifically established for protection of Data protection and privacy. Hence,
the Act has provisions for "Data Protection." There have been amendments such as
Section 43A and Section 72A of the Act for protection of data of the
The Amendment Act, has brought in new provisions according to the need and
requirement of the digital era. The Act also lays down penalty for disclosure of
personal and sensitive data without the consent of the owner. The amendments
made in the statute for data protection is like the laws enacted by other
developed countries like USA and other European Nations. The Act mainly mentions
about disclosure, sharing procedure.