Whatsapp’s intervention in Indian Data

In News

The Confederation of All India Traders (CAIT) corresponded with Ministry of Information & Technology on 10th January, 2021, to prohibit the implementation of new privacy policy of WhatsApp or put a ban on WhatsApp and its parent company Facebook.

About

Right to privacy is a requisite of right to life and personal liberty under Article 21 of the Indian Constitution. It is not an absolute right; it may be subject to certain reasonable restrictions.

It is proclaimed that the new privacy policy of WhatsApp will encroach upon all personal information, payment details, contacts, location and other important information of a person who is using WhatsApp and that can be used by the WhatsApp.

CAIT also said that this access will pose a serious threat to the economy as well as to the security of the nation. However, Spokesperson of WhatsApp has asserted that this policy is not infringing with the privacy of the users and this update has not changed the data sharing practices of the users.

CAIT has nevertheless has demanded a quick intervention from the government saying that it is hurting the privacy of the individual and also is against the basic fundamentals of the constitution.

Art.21 of the Indian Constitution says that “No person shall be deprived of his life or personal liberty except according to procedure established by law.”

The expression ‘personal liberty’ includes ‘right to privacy’. A citizen has a right to safeguard his personal privacy, and also of his family, education, marriage, motherhood, child bearing, and procreation, etc.

Various facets of Right to Privacy

Phone tapping and right to privacy

In India, Phone Tapping can only be done in an authorized manner with permission from the department concerned. However, if it is undertaken in an unauthorized manner then it is illegal and will result in prosecution of the person responsible for breach of privacy.

Gender priority on privacy

A woman of easy virtue is entitled to privacy and no one has the right to invade her privacy. Every female has the basic right to be treated with decency and proper dignity.

Health and Privacy

Health includes one of the major concerns of privacy. Health information includes information related to disease and also related to health service. The right to life is so important that it supersedes right to privacy. A doctor is under an oath or under medical ethics for not to disclose the secret information about the patient as the disclosure will adversely affect or put in danger the life of other people.

Privacy in context of sexual identities

One of the aspect relating to right to privacy, has embedded its space under Article 21 of the Indian Constitution was read down in the case of Naz Foundation v. Union of India, in which Delhi High Court struck down Section 377 of the Indian Penal Code, 1860 so as to decriminalize a class of sexual relations between consenting adults and intrusion by state only if the state was able to establish a compelling interest, was one of the critical arguments, protected under Article 21 of the Indian Constitution.

With the progress of technology and the social networking sites the infringement of such a right has become extremely difficult. The extent to which privacy matters in individuals is subjective and varies from person to person.

The Personal Data Protection Bill, 2018

The Personal Data Protection Bill provided for the establishment of a Data Protection Authority to regulate activities that involve processing of data. It was felt to identify the need to secure personal data under the fundamental right to privacy.

Furthermore, the objective behind the formulation of such a bill was to safeguard the autonomy of individuals in relation with their personal data. It should also mention about the flow and usage of personal data so as to constitute a relationship between persons and entities processing their personal data and also legislated norms for cross-border transfer of personal data. It also provided correctives for unauthorized and harmful processing and ensured the answerability of entities processing personal data.

With all our lives being unhidden to the media through social networking sites or the spy cameras, the assurance is to be given to everyone and it should act in such a order that no one should think to encroach the right to privacy of the individuals. Privacy should be safeguarded in every aspect but it is subjected to reasonable restrictions under the provision of Constitution of India and other pertinent statutory provisions in force.