After coming the computer age our privacy is not so secure. We are bening followed and traced if we are using multimedia mobile with internet connection. What are the remedies against this, this Notes reply.

1. Privacy Issues in Technology Era
Nitya Nand Pandey
Assistant Professor
(Amity Law School)
Amity University Jaipur
Mo. 9415422181
Mail id. nnp.vns@gmail.com

2. What is Privacy?
• “Privacy may be defined as the claim of
individuals, groups or institutions to
determine when, how and to what extent
information about them is communicated to
others”.
• In simple words privacy can be defined as a
right to be let alone.

3. Types of Privacy
• The term privacy can have different meaning
in different context. Peoples have different
opinion and views on what they can term as
the breach of their privacy rights. It may be-
a. Personal Privacy
b. Organizational Privacy
c. Privacy related to property

4. Privacy and the Internet
• Internet has almost changed the way one used to fear
from privacy invasion.
• Now you don’t know how and when you are been
monitored and by whom. One do not know that his
information is being sold over the internet for just 1 or
2 dollars.
• peoples are being murdered by the help of internet.
• peoples are harassed and blackmailed on social
networking sites. Their photos are downloaded,
morphed and misused.
• Though Internet has revolutionized the world and it
has become a global village now, on the other hand we
cannot deny the negative aspects of it.

5. • We need to understand the fact that everything
that we do on internet can be noticed or
revealed because it leaves digital traces.
• The use of smart phones is another emerging dan
ger to online privacy.
• Every device that is connected to Internet has a
unique IP address attached to it, whether it is a
computer, mobile, play station or anything else
which means it can be traced.

6. Legal Regime to Combat Cyber
Privacy in India
• We have looked upon the threats to cyber
privacy and their results. But what can we do
if someone breaches our privacy.
• What can we do, what are the legal rights of
an Indian citizen in context with privacy? Let
us understand that.

7. Information Technology Amendment
Act, 2008
• Information Technology Act is an act of Indian
Parliament notified on 17, October, 2000.
• It was further amended and came into force
on October 27, 2009.
• It regulates the cyberspace in India and
provides rules and regulations regarding
different aspects of cyber law.

8. Section 43(A): Compensation for
failure to protect data
• 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.

9. Section 66(E): Punishment for
violation of privacy.
• Whoever, intentionally or knowingly captures,
publishes or transmits the image of a private
area of any person without 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.

10. Explanation
• For the purposes of section 66 (E)--
• (a) “transmit” means to electronically send a
visual image with the intent that it be viewed by a
person or persons;
• (b) “capture”, with respect to an image, means to
videotape, photograph, film or record by any
means;
• (c) “private area” means the naked or
undergarment clad genitals, pubic area, buttocks
or female breast;

11. Explanation…………
• d) “publishes” means reproduction in the printed or
electronic form and making it available for public;
• (e) “under circumstances violating privacy” means
circumstances in which a person can have a reasonable
expectation that—
• (i) he or she could disrobe in privacy, without being
concerned that an image of his private area was being
captured; or
• (ii) any part of his or her private area would not be
visible to the public, regardless of whether that person
is in a public or private place.

12. Section 72: Breach of confidentiality
and privacy
• Save as otherwise provided in this Act or any other law for
the time being in force,
• 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 electronic record, 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.

13. Punishment for Disclosure of information
in breach of lawful contract (72 A)
• Save as otherwise provided in this Act or any other law
for the time being in force,
• any person including an intermediary who, while
providing services under the terms of lawful contract,
has secured access to any material containing personal
information about another person, with the intent to
cause or knowing that he is likely to cause wrongful
loss or wrongful gain discloses,
• without the consent of the person concerned, or in
breach of a lawful contract, such material to any other
person
• shall be punished with imprisonment for a term which
may extend to three years, or with a fine which may
extend to five lakh rupees, or with both.

14. • These are the sections which provide a citizen
some rights to fight for his privacy in IT Act.
Also it provides some procedure and rules for
monitoring and collecting traffic data or
information.

15. Indian Penal Code, 1860
• There are some sections in IPC which deals with privacy.
They are not directly related with cyber privacy but can be
helpful for an individual to claim his or her rights.
• Section 499 & 500- Defamation
• Section 292. Sale, etc., of obscene books etc.,
• Section 447. Punishment for Criminal Trespass,
• Section 509 - Word, gesture or act intended to insult the
modesty of a woman.

16. Right to Information Act, 2005
• Section 8 - Exemption from disclosure of
information.

17. Judiciary & Right to Privacy
R. Rajgopal v. State of Tamilnadu 1994 SC,
Right to privacy or right to be let alone is
guaranteed by Art. 21.
State of Maharashtra v. Madhulkar Narain
1991 SC, right to privacy is available even to a
women of easy virtue and no one can invade
her privacy.

18. Mr. “X” v. Hospital “Z”
• It is not a absolute fundamental right and
restrictions can be imposed on it for the-
I. Prevention of crime
II. Disorder or protection of health
III. Protection of rights
IV. Freedom of others

19. Surjit Singh Thind v. Kanwaljit Kaur
2003 P&H
• Virginity test violates Right to privacy under
Art. 21

20. Rayala M. Bhuvaneswari v.
Nagaphander Rayala 2008 AP
• Husband tapping conversation of his wife with
others seeking to produce in court, violates
her right to privacy under Art. 21.

21. Conclusion
• First, Right to privacy is a fundamental right as
guaranteed by Indian Constitution in Article
21, so every individual has a right to privacy
but with some limitations.
• Though new methods of tracking and tracing
a person are available, also new types of
Personally Identifiable Information can be
retrieved; government should take
responsibility of a person’s privacy and
personal information from being invaded.

22. Conclusion……
• Government has also prescribed the method and
rules form monitoring and collecting data or
information in IT Act but it should also be
implemented.
• Second, it’s also our responsibility to know that
as internet is a global platform we should try to
regulate or minimize the amount of information
we usually share without being aware about
the possible risks and threats related to it.
• Because as it is always said that, “precaution is
better than cure.”

23. That is the End of Right to Privacy
Nitya Nand Pandey
Assistant Professor
(Amity Law School)
Amity University Jaipur
Mo. 9415422181
Mail id. nnp.vns@gmail.com