Chapter One

Introduction

1.1 Introduction
1.2 Rationale of study
1.3 Object of the study
1.4 Scope and delimitation of the study
1.5 Hypothesis/Research questions
formulated to conduct the research
1.6 Research Methodology
1.7 Review of the related Literature
1.8 Implication of the Reviewed
Literature
1.9 Chapter Structure

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 1.1 Introduction

Mankind has witnessed many revolutions in last century. The industrial

revolution has brought about its own set of laws regulating business and
commercial activity along with governance of the society post revolution.
Developing countries could not cope up with the pace of it and so legal systems
of these countries were not equipped to meet the challenges of the revolution.
Meanwhile Information and Communication Revolution has overtaken the
world. It demolished the economic barriers and social constraints.

The virtual world of computers and internet is dynamic and invigorating.

Information technology explores and expands new paradigms and reveals new
facets every day. Internet has taken the whole world in its tentacles. Society’s
dependence on technology was evident at the time of “Year 2000 Y2K”.
Because of internet the legal, social and cultural aspects of the society are also
under transformation. The effects of ever-expanding technology are felt more
severe when these technological advancement harm, abrogate or vitiate the legal
rights vested in humans.

Today the internet and information technology has all pervasive growth which
almost abolished the system of law relating to established norms in the society.
The legal systems are trying to cope up with the speed and innovation in which
it is affecting the settled norms. Experts and lawmakers are taking efforts to
abrogate or reduce the effects on the rights. The most affected right of a person
is ‘right to privacy’ because of technology. The ‘personal space’ of an individual
is encroached or invaded by use of technology. This ‘right to personal space’ is
termed as ‘right to be let alone’ by J. Cooley1 and explored afterwards by Warren
and Brandeis2. It is termed as right to be in seclusion. Though this right is
associated with the human being from his birth, people were unaware about the
right to privacy and rarely demanded it.

1
J. Cooley, Thomas, “Treaties on Law of Torts” (1879)
2
Warren and Brandeis, “Right to Privacy”, (1890)Harvard Law Review, Vol. IV, no.5,

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For providing protection, difficulty arises with the meaning of the term
‘privacy’. The term ‘privacy’ is fluid. It is so in the sense its meaning does not
remain same in all the situations. It is multifaceted concept. Man in early society
associated privacy with his obvious possession i.e. with property and any
encroachment or disturbance to the enjoyment of property termed as breach of
right to privacy. But with the progress in the technology, the meaning has
changed encompassing the protection in innovative way for new ways for
breach and invasion of privacy.

Different jurists, sociologists, scholars in political science, or even

anthropologists tried to define privacy in search of exact definition and which
resulted in exploration of various contours of privacy. We can associate privacy
with each of the contour explored by each of them. But today the aspect which
has gained prime importance is communicational privacy which relates to
informational privacy of person because of the communication through
information technology.

Communication means activity of exchanging information and meaning across

the space and time using various technical or natural means whichever is
available or preferred. While using internet as communication medium, personal
information is collected by the service providers through cookies. Browsing
history can be accessed by the entity, public or private, and can be used for its
own benefit. Because of this the rights of the person may be harmed as liberty
and freedom of a person to exercise the right to choose i.e. decisional privacy is
harmed. As this liberty and freedom is compromised, the autonomy and dignity
may be lost. So there is a need to have effective legislations to protect the
privacy of person.

In most of the countries courts were the strong protector of this right. As there
was no specific recognition under any law, right to privacy was recognised
under constitutional provisions. In United States of America, by interpreting the
rights provided in Amendments to the Constitution, the courts protected it. In
India also the Constitutional provisions relating to fundamental rights are
interpreted to prevent breach and invasion on the right to privacy by the court.

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Different legal systems tried to protect this right by enacting legislations and by
amending existing provisions by enlarging their scope. In United States the
evolution of right to privacy was first observed. It was shaped up be courts along
with the jurists. In the beginning, courts in United States of America protected
privacy in terms of property which slowly shifted towards accessing and
disclosure of information unauthorised. Afterwards it has enacted various sector
specific legislations for protection of information.

But guiding torch is provided by European Union vary concretely. It has issued
guide lines for protection of privacy to its member countries by issuing
Organisation for Economic Co-operation and Development (OECD) principles.
Personal data provided to entities including government can also be accessed by
the entities through service providers. To protect this data from illegal
processing, the new regulation was issued by the European Union in 1995 i.e.
Directive 95/46/EC. This directive is replaced by new regulation General Data
Protection Regulation in 2018. It has illuminated the path to many countries in
respect of protection of privacy of information.

Computers and information technology is widely used in India in 1990s which

is much later than United States of America and European Union. While doing
commercial transactions with these countries need was felt by government to
formulate Information Technology Act, which was enacted in 2000. But in this
Act, provisions relating to protection of privacy was missing. The said
legislation was solely enacted to facilitate the computer transactions of business.
It was amended in 2008 but informational privacy was not provided under it
effectively and sufficiently.

Accessing or intercepting the information illegally is serious threat to privacy

right of an individual. The Information Technology Act provides for this but if
the information is retrieved by tracking the electronic footprint it is not provided.
The scariest part to this is that the information can be retrieved even after it is
deleted from the electronic device as computer. The Information Technology
Act, 2000 as well as the Bills introduced to protect personal data are silent about
this.

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 India has also drafted legislations for privacy of information. Privacy Bills 2011,
and 2014 were drafted. Personal privacy and data privacy was provided under
them. But they were not finalised and assented by parliament. The Personal Data
(Protection) Bill, 2013, Personal Data Protection Bill, 2018 were also drafted.
But it was not assented by Parliament. The government has introduced The
Personal Data Protection Bill, 2019. It is pending before joint select committee.

To blossom the personality of an individual, privacy is essential. The core of

personality consists freedom and liberty which promotes autonomy. Personality
and identity of an individual are founded on these principles. These principles
grow and develop with privacy. A law relating to information technology
regarding privacy issues should contain almost all threats, violations and
encroachment over the rights and interests of the person.

Hence this tile of the research is as follows

THE STUDY OF RIGHT TO PRIVACY WITH REFERENCE TO

INFORMATION TECHNOLOGY ACT, 2000

1.2 Rationale of Study

The rationale of the study is summarised under the following points:

1. Lack of provisions for protection of privacy and data privacy in the IT Act, 2000.
2. Protection of bodily privacy is protected but right to live an unobstructed life is
not provided for.
3. S. 66A declared unconstitutional by Supreme Court but there is no other
provision for protection against ‘annoyance’ or ‘inconvenience’ using
communication devices through information technology in IT Act, 2000.
4. S. 43 A protects the handling of the ‘sensitive personal data’ by body corporate,
but Government which is handling such data is out of the purview of this section.
5. Definition of ‘sensitive personal data’ other than provided under the rules are
decided in consultation with Central Government which is subjective opinion of
the government.

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6. Use of CCTV surveillance, Biometric systems and data gathered by such uses
are not covered under the protection to right to privacy of person.
7. Law is silent on the methods of collection of personal data and information.
8. Consent of the person whose information is collected is not provided for under
the law.
9. No check is provided when government itself is gathering information from
service providers, intermediaries, data centres and body corporates.
10. Privacy is infringed by tracing or gathering electronic footprints but such
provision is not provided in IT Act, 2000 and under any of the personal data
privacy bills.
11. S. 69 provides the unlimited power to the government for interception of the
communication which is against the freedom guaranteed by art. 19 (1) (a) of the
Constitution of India. It should be more restrictive.

1.3 Object of the Study

The main objective of this research is to find out the right to privacy with
reference to Information Technology Act, 2000. While finding out this the
researcher also conducts the study with following objectives.

1. To analyse the privacy bills and data protection bills towards protecting the
right to privacy.
2. To identify the preventive measures of infringement of interests and rights
of persons.
3. To identify global issues and challenges particularly in countries like U.S.A.,
U.K, European Union and also national policy in Cyber Laws.
4. To study the opinion of the stake holders.
5. To examine the role of judiciary in protecting the right to privacy of
individuals with reference to IT Act, 2000.

1.4 Scope and Delimitation of the study

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1. The Scope of study includes determining the privacy rights of the persons,
protection of personal data and sensitive personal information as of
technologically developed countries like U.K, U.S.A, and European Union.
2. To analyse the existing Information Technology Act, 2000 and Bills on
Privacy and Personal Data Protection.
3. The Researcher has been limiting the research on the privacy rights of the
persons in India on the backdrop of general history and existing laws of
different technologically developed countries regarding privacy and data
protection.

1.5 Hypothesis formulated to conduct the research

The main purpose of this research is to study the right to privacy with reference
to Information Technology Act, 2000 in India. The research was conducted on
the following hypothesis:
1. Due to lack of sensitivity and political wish for enacting the law for protection
of Right to Privacy, it is difficult to achieve justice or prevent failure of justice.
2. In absence of the clear provisions for protection of Right to Privacy, the judiciary
cannot deliver justice and prevent infringement of the rights.
3. The lack of awareness among people about the clear provisions of Information
Technology Act, 2000, will result in to infringement of Right to Privacy of
individuals.
4. As there is an absence of any check on the government or any entity for gathering
and dissemination of information of a person, it is not possible to guard rights of
person relating to his privacy
5. Due to lack of the provisions regarding responsibility of intermediaries, service
providers, there is a possibility that intermediaries, service providers misuse the
power.

Research questions:
1. Is it possible to achieve justice or to prevent failure of justice as there is less
sensitivity and political wish to enact law for protection of right to privacy?
2. Can a judiciary deliver justice and prevent infringement of the rights, in
absence of clear provisions protecting Right to Privacy?

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 3. Does lack of awareness among people about the clear provisions of
Information Technology Act, 2000, will result in to infringement of Right
to Privacy?
4. In absence of the any check on the Government or any other entity for
gathering and dissemination of information of a person, is it possible to
guard the right of person to his privacy?
5. As there is lack of provisions regarding responsibility of intermediaries,
service providers, is there a possibility that intermediaries, service providers
misuse the power?

1.6 Research Methodology

The study is based on qualitative research wherein both primary as well as

secondary data is used. Secondary data has been library based, collected from
the various research, journals, articles, books and publications. The primary data
has been collected from semi-structured close ended questionnaire via
homogeneous purposive sampling. It would usually be unfeasible to study an
entire population, for example when doing a personal interview hence
homogeneous purposive sampling method has been used for primary data
collection. Persons using computer and internet have been selected for
homogeneous purposive sampling and that allowed the researcher to infer
information about a population, without having to investigate every such person.
Reduced numbers of individuals in the study reduced the cost and workload, and
made it easier to obtain high quality information, and that also has balanced
against having a large enough sample size with enough power to detect a true
association.

1.7 Review of the Literature

Need for protection of privacy of a person in its all possible dimensions growing
rapidly with advancement of technology. Surveillance is used through CCTV
and Biometric devices to gather the personal information. Development in the
existing technology raises new issues regarding violation of the right. Pace of
development is much faster than enactment of a legislation. This provides a

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 serious threat to right to privacy of a person. So to have clear insight of the right
to privacy to a person in India, a researcher has gone through sources available
like books, reports, journals, research work, and tried to obtain the finding
related to topic.

Daniel Susser (2019)3 in his study discussed the concept of notice and obtaining
consent of the end users of using their personal information below the privacy
policy of any entity. He has shown with the examples of the studies done that
obtaining consent does not provide much protection for the individual using
such services because choice is either to accept the terms and condition fully or
do not avail the services. They are also too technical to understand for a common
person about the all consequences of sharing personal information to an entity
to disseminate. So this makes privacy choices complicated and personal
information is at stake even if the care is taken by the individual.

Rahul Matthan (2018)4 in his study discussed the concept with reference to
‘Aadhar’ regulations. After ‘Aadhar’, other identity papers earlier recognised by
the government are now derecognised and now are not considered as an identity
documents. But he has raised issue of person’s privacy and privacy of his
information as biometric information is also registered with the government. He
has discussed the problems regarding breach of privacy, misuse or hacking of
personal data, lack of awareness in public and also of authorities, no strict
liability of service providers. He also focussed the non- personal data when
combined with unique profiles, the identity and privacy of a person is revealed.
He has suggested that instead of focussing on awareness of people, the liability
shall be imposed on data collectors, data controllers and intermediaries.

Ginger Zhe Jin (2018)5 explored the concept in her paper on ‘Artificial
Intelligence and consumer Privacy’. She stressed that consumers are sufferers
as their data in public domain is used by commercial organisations, Because of
this, consumers lose their freedom to choose with whom to trade, what sites to
browse. It was also shown in her paper that these commercial organisations do

3
Susser, Daniel (2019), “Notice after Notice-And-Consent: Why Privacy Disclosure are Valuable Even If
Consent Framework Are Not”, Journal of Information Policy, Vol. 9. Pp. 37-62.
4
Matthan Rahul (2018), “Privacy, 3.0 Unlocking Our Data Driven Future”, Harper Collins Publishers, India.
5
Ginger Zhe Jin, (2018). “Artificial Intelligence and Consumer Privacy”, Available at
www.nber.org/papers/w24253 (Last visited on October 19, 2016)

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 not provide true information regarding the use of consumer’s personal
information currently or in future. They also fail to install the protective
technology preventing hacking or data leakage and discussed the ways to
combat consumer privacy breaches. But did not cover the individuals who are
not consumers but only availing services of some service providers. She stressed
framing of the new laws for this.

Solove Daniel J (2017)6 in his article explored the situations when consent is
obtained for collection of data for use and disclosure. He termed the rights of
notice, access and consent regarding collection, use and disclosure of personal
data as bundle of rights of a person. The person can himself decide for
themselves about cost, harm, advantages about giving the consent. This
regulation about privacy by the person himself is termed as ‘privacy self-
management’. He compared the data privacy laws of EU and USA. Though
USA has accepted gist of privacy principles as per the OECD principles but in
EU self- management principles are component but it requires much more
stringent and explicit form of consent than USA privacy law. EU law is more
restrictive of data collection, use and disclosure, it requires legal base before
personal data can be processed. In USA, data can be generally processed ‘unless
law specifically forbids the activity. In EU restriction may not have connection
to the harm. In USA processing is generally allowed unless it is harmful. He
suggested that coherent approach to consent is to be developed that accounts for
the social science discoveries about how people make decisions about personal
data. He also pointed out that it should be recognised that people can engage in
privacy self-management only selectively and privacy laws should be adjusted
for their timing to focus on downstream uses and more substantive privacy rules
should be developed.

Zezulka, Ond’rej (2016)7 evaluated yet another threat to personal information

by digital footprints on the backdrop of the regulations issued by European
Union. Directive 2016/679 was issued to protect personal data and on free

6
Solove, Daniel J, (2017), “Introduction: Privacy, Self-Management and the Consent Dilemma”. Harvard Law
Review, Vol. 126, No. 7.
7
Zezulka, Ondr’ej, (2016), “The Digital Footprint and Principles of Personality Protection in European Union,
Charles University in Prague. Faculty of Law research paper no. 26/11/12.2016/III/02, available on
https://ssrn.com/abstract=2896864 ( Last visited on October 16, 2016)

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 movement of such data on natural persons. It came in to effect in 2018. Also the
directive 2002/58/EC was adopted concerning processing of personal data and
protection of privacy in electronic communication sector. Regulations
recommending the anonymity and right to be forgotten were also discussed. The
real situation regarding obtaining the consent of the user and safety of his
personal information in browsing is highlighted and need is emphasized to
provide some strong legal remedies.

Gaurav Goyal, Dr. Ravindra Kumar (2016)8 have studied the concept which
discussed the evolution of the concept ‘Privacy’. It was argued that the concept
changes according to the culture, upbringing and economic conditions of the
person and this concept is differently treated in India. They pointed out that
absence of legislation on privacy in India is the outcome of lack of political
wish. The argued that people of certain class enjoy more privacy than others
because of their economic conditions. They also stressed that technology
changes rapidly and therefore the concept of privacy also changes.

Desai Prashant S. (2013)9 has concentrated his research on the various

dimensions of privacy like bodily privacy, medical privacy, genetic privacy,
internet privacy etc. He verified the scope of right to privacy in respect of marital
privacy, reproduction, family life, sexual reproduction, abortion, information
privacy, right to die etc. He has considered that right to privacy is human right.
He considered different threats using information technology like phishing,
stalking which has criminal aspect of the right. In sending information cloud
based technology was explored. Liability and responsibility of intermediaries in
different countries like U.S.A, U.K and European Union was studied.

8
Goyal Gaurav, Kumar Ravindra, (2016), “The Right to Privacy in India: Concept and Evolution”. Partridge
Publication.
9
Desai Prashant S.(2013), “Legal Protection of Right to Privacy in era of Information Technology- a critique.
Retrieved from http://shodhganga.inflibnet.ac.in/handle/10603/98806 (Last visited on October 16, 2016)

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 Singh, Lakhwinder (2013)10 explored the concept ‘privacy’ thoroughly in
various provisions. The privacy provisions in India are compared with the
provisions of different countries in detail. He conducted the research and came
to the conclusion that there is no awareness among people about the privacy of
person.

Sunil Abraham(2013)11 evaluated the concept privacy in the article in respect

of the use of CCTV and biometric in surveillance industry for gathering
information about the person. He verified the effects of both as surveillance
instruments. As many people believe that S. 43A in IT Act is privacy law for
India, he strongly denies it. He is of the opinion that it is only data security
provision and not comprehensively address data protection. According to him,
a privacy legislation should satisfy some conditions like it should protect
privacy rights of persons regardless of their citizenship status, it should define
privacy principles, office of independent and autonomous privacy commissioner
who is sufficiently empowered to investigate and take action against
government and private entities should be created. It should have overriding
effect on previous legislation that does not comply with all privacy principles.
He concluded that industries, banks will welcome this as they are holding some
data of foreign nationals and now they do not have to spend twice for
maintaining the standard according to European Union.

Solove Daniel J(2011)12 explored the misconceptions about the argument which
is always done while in response of the privacy threat by surveillance that ‘I
have nothing to hide’. This surveillance is done to protect the state. But he
questions that whether this surveillance is necessary on every common citizen.

10
Shah Lakhwinder (2013), “Expanding Horizons of Right to Privacy: A Study”. Retrieved from
http://shodhganga.inflibnet.ac.in/handle/10603/87489. (Last visited on October 16, 2016)
11
Abraham, Sunil (2013), “Freedom from Monitoring: India Inc Should Push for Privacy Laws”. Available at
www.cis-india.org/internet-governance/blog/forbesindia-article-Aug-21-2013 (Last visited on October 16,
2016)
12
Solove Daniel, (2011), “Nothing to Hide: The False Trade-Off between Privacy and Security in New Heaven
and London”. Yale University Press.

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 He conducted study through questionnaires and received responses against it.
He argued that it is dangerous as there is possibility that individual interest is
harmed in terms of his privacy. He stressed that privacy is threatened not by
single act but by slow series of relatively minor acts which gradually begin to
add.

Apar Gupta (2010)13 in his article examined the issues of online privacy using
two taxonomies. One which is provided by Prosser in terms of four privacy torts
and secondly Solove’s taxonomy that privacy harms in terms of information
gathering, information dissemination or processing, publishing or disclosure of
information and invasion. He observed that Indian people are sensitive in
gathering of information and not for dissemination. But privacy is important for
both of these issues. Publication of information comes after that. He evaluated
the s. 69 and 69A of the IT Act, which provides power to government for
interception. He advocated that the statute shall provide clear provisions
regarding all the three. He stressed that there should be safeguards against such
data privacy breach by interception or otherwise. But it is not done so in the
Information technology Act.

Parveen Rehana (2010)14 in her research explored the concept privacy

protection under various laws prevalent in India. The right to privacy is
discussed on backdrop of legal, constitutional laws and judicial decisions on
various cases. The primary focus is on right to privacy in respect of wire-
tapping, telephone tapping in respect of marital relations and disclosure
regarding AIDS patients, women’s right to privacy for her body exposure and
her dignity etc. Surveillance using CCTV and other electronic devices is also

13
Apar Gupta, (2010), “Balancing Online Privacy in India”, Indian Journal of Law and Technology, Vol. 6.
Available at www.ssrn.com/abstract=1682465. (Last visited on October 16, 2016)
14
Parveen Rehana, (2010), “Protection of Privacy in India: Law and Juridical concerns.” Retrieved from
http://shodhganga.inflibnet.ac.in/handle/10603/52364 (Last visited on January 12, 2017)

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 studied. Publishing the material which is harmful to individual’s interest and
exposure of the wrongdoer with sting operations are examined in her study.

Santosh Kumar (2010)15 discussed the right to privacy in advent of information

technology from the point of data protection as information comprises important
aspect of individuality of a person. He explored the subject with reference to
information and effects of activities through computer on the information like
hacking, cookies, spam mails etc. He also explored the situations when
information is secured using cryptography, ie. Encryption and decryption. He
discussed the different legislations in various countries like USA, UK regarding
data protection and privacy and compared the situation in India. He concluded
that India shall maintain balance between provision of universally applied laws
and Indian legal system. For this comprehensive policy shall be formulated for
overall protection of privacy and finding balance between privacy and other
competing interests.

Daniel Solove (2009)16 discussed the concept in comparison with secrecy,

confidentiality and tried to conceptualise the term ‘privacy’. He also discussed
the stages like collection, processing, and dissemination where privacy is to be
observed. He studied and verified the notions like cultural differences and
privacy in the book. He explained that privacy must be determined on the basis
of importance to the society. According to him privacy does not have universal
value that is same across all the context. He opined that value of privacy in a
particular context depends upon social importance of activities that it facilitates.

15
Kumar, Santosh (2010), “Development of Information Technology and its impact on Right to Privacy- a critical
Study”. Retrieved from http://shodhganga.inflibnet.ac.in/handle/10603/56320 (Last visited on October 20,
2017)

16
Solove Daniel, (2009), “Understanding Privacy”, Harvard University Press.

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 Kiran Chauhan (2007)17 in her critical study of right to privacy upheld by
judicial decisions discussed the types of privacy like intimacy and privacy,
family privacy, community privacy, political/legal privacy, social privacy and
professional privacy. Functions of privacy were also discussed that it gives
personal autonomy, emotional release, self-evaluation and limited and protected
communication. Privacy in Hindu period, Muslim period, British and post
British period was also discussed. The legal framework in India under different
statutes and constitutional provisions were explored. Judicial response for this
right under situations like search and seizure, women’s rights, freedom of press,
telephone tapping, restitution of conjugal rights, protection of AIDS patients and
right to abortion was explained and discussed. Limitations on the right that
under certain circumstances this right may be denied are also provided. She has
suggested that the right shall be added by separate clause in Art. 19 to provide
protection and also disclosure by the government shall be prohibited.

The researcher above had concentrated his efforts for exploration of right
provided by the judiciary. For his suggestion that right to privacy shall be added
as separate clause under art. 19 is not much useful. Instead researcher in this
study shown the circumstances for which the threat to privacy shall be dealt with
the strong data protection legislation.

Solove Daniel (2006)18 has supplied the framework for understanding privacy
in pluralistic and contextual manner. He concentrated on the privacy problems
rather than ‘what is privacy’, its definition. He pointed out that there.should be
society for the privacy. Without society there is no need for privacy and privacy
is relief from the frictions of society. He explained that the data is handled in
four ways and he focussed on the activities which affect data. I) Information
collection –includes surveillance/ interrogation, II) Information processing-
includes aggregation, identification, insecurity in secondary use, and exclusion

17
Chauhan Kiran, (2007), “Right to Privacy- a Critical Study with Special Reference to Judicial Approach in
India”. Retrieved from http://shodhganga.inflibnet.ac.in/handle/10603/27846 . (Last visited on October 16,
2016)
18
Solove Daniel, (2006), “A Taxonomy of Privacy”, University of Pennsylvania Law Review.

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 of data, III) Information dissemination- includes breach of confidentiality,
disclosure, exposure, increased accessibility, blackmail, appropriation and
distort, IV) Invasion-includes intrusion, decisional interference.

He explained that against the each step there is a possibility of its breach in
different ways. Law should provide for redressal of them. He concluded that
policymakers struggle with identifying the presence of privacy problem due to
conceptual confusion. It requires to attain balance between privacy and other
interests.

Solove (2004)19 has described here the definition of digital Person whose
complete life is captured in data and stored in digital dossier on electronic
network. He described that how the technology takes hold of every individual
for the benefit to the commercial organisation.

Solove (2002)20 discussed the definitions of privacy provided by various jurists,

philosophers, psychologists. He had shortlisted the six major heads i) right to be
alone, ii) limited access to self, iii) secrecy-concealment, iv) control over
personal information, v) personhood- protection of one’s personality,
individuality and dignity, vi)intimacy- control over or limited access to one’s
intimate relationships or aspect of life. He thinks that word privacy takes
meaning according to the circumstances in which the person expects the privacy
and in different situations, the expectation of privacy is different. So instead of
core value of privacy it should be understood in context. He explored the
approaches for understanding the privacy. He contended that it provides
guidance in identifying, analysing and ascribing value to set of related
dimensions of practices in society. According to him the focus should be on type
of disruption than what is included in privacy as we have different types of

19
Solove Daniel, (2004), “The Digital Person, Technology and Privacy in Information Age”, New York
University Press, New York and London.
20
Solove Daniel, (2002), “Conceptualising Privacy”, California Law Review, Vol.90, No.4.

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 injury to different sets of practices. By different examples he proposes that
privacy is not found but constructed. He propounded that privacy should be
valued as instrument to achieve certain valuable ends and therefore should be
understood in context.

Jajodia (Mozika) Jyoti (2002)21 has explored the right to privacy with broader
perspective and verified it under situations like right in terms of home which
include marriage, procreation, etc. She has discussed the right of privacy of
accused and criminal persons, innocent persons, prostitutes and also remedies
available for protection of this right. She discussed privacy of communication
and inviolability of person. She has concentrated more on general terms than
the threat with computer technology. But exploring and understanding the
different situations where the right to privacy can be breached by any tool is
important contribution.

1.8 Implication of the Reviewed Literature

On the basis of the review of related literature, the researcher has come to the
conclusion that there is need to know whether the existing laws, rules,
enactments and regulations dealing with the right to privacy in all its possible
contours of a person in India will be effective and well developed to provide
remedies to protect it. Therefore, the researcher through present study wants to
make an attempt to highlight and bring forth the lacunas in present Act and bills.
For the purpose of study the present position of right to privacy, the researcher
will analyse the laws, reports, bills, rules, and enactments on it and which shall
include the following namely Conventions of European Union Commission in
1981 regarding privacy, 1995 regarding data protection and privacy and 2018
regarding privacy while processing the personal data within and outside
European Union, privacy laws and data protection legislations of USA, UK,
Information Technology act, 2000, and various bills in India.

21
Jajodia (Mozika) Jyoti, (2002), “Emerging Right to Privacy in India”.
Retrieved from http://shodhganga.inflibnet.ac.in/handle/10603/137097. (Last visited on October 16, 2016)

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1.9 Chapter Structure

The growth of Information technology in transactions raised certain issues. One

of the important issues is privacy of the person. With the use of information
technology and internet, for communication, personal privacy is often violated
or encroached. It is crucial to understand privacy in all its aspects which broadly
includes physical privacy, decisional privacy and informational privacy. Right
to privacy gives strong self-worth to a person. His personality develops and he
attains freedom and liberty to decide for himself.

Information about the person i.e. personal data is collected and processed
without his consent, also jeopardise the other rights and interests of the person.
This impacts decisional and physical privacy. Therefore data protection is also
an important aspect of privacy. Though all information is not necessarily private
and is to be protected, but it is to be decided by strong, fair and just legislation.

In the first Chapter on Introduction the researcher has given an overview of

the topic. Also the Object, Hypothesis, scope, significance and utility and the
literature review has been discussed here.

Chapter Two- Computer Transactions and Right to Privacy: An Overview

This chapter highlighted the scenario of uses of information technology,

computer and internet in different fields and in day to day transactions. The
researcher discussed the uses in fields of medicine, armed forces, businesses,
airport, railway, and some services like e-wallet, digilocker and some other. The
researcher analysed the impact of such use of information technology an internet
on the privacy and personal data protection. The researcher analysed the effects
of Internet of Things (IoT) and Artificial Intelligence (AI) on the Right to
Privacy.

Chapter Three - Right to Privacy: International Perspective

In the beginning of the chapter, the researcher discussed meaning, scope and
development of the concept ‘Privacy,’ that helped to understand the concept.
The researcher discussed the development of the concept in some of the

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technologically developed countries like U.S.A. U.K, European Union that
helped to know the gradual development and history of the concept in different
periods and in different legal systems and various laws being enacted and
adapted by them for protection of privacy and how the same would be helpful
in codifying the laws in India. This chapter also discussed these gradual
development and history of data protection and to understand its development
and to examine the necessity to codify the laws pertaining to it.

Chapter Four - Right to Privacy and IT Act, 2000: An Interface.

The researcher, in this chapter, studied the IT Act, 2000 with international
scenario regarding right to privacy and data protection and studied the various
resolutions, conventions of United Nations, regulations and directions of
European Union and enactments and provisions involving various laws in
technologically developed countries like U.S.A, U.K involving various laws
pertaining to privacy and data protection. The researcher has interpreted the
codified enactments, provisions, laws and bills on privacy and data protection.
The researcher has further analysed whether there is need of new or improved
law or present provisions regarding privacy and data protection in the IT Act are
sufficient with some of the amendments to be made.

Chapter Five- Judicial Response to Right to privacy

This chapter dealt with the important case laws highlighting the benefits of a
well codified and comprehensive legislation on privacy and personal data
protection. Case laws were important to discuss because they showed the actual
face and implication of prevailing law. The purpose of this chapter to find out
the law in force, but also to find out how different privacy and data protection
principles in earlier chapters are balanced with the rights and interests of the
individuals and if the current legislation allows some shift in this balance. In this
chapter, the researcher studied various judicial pronouncements deciding the
case laws regarding privacy.

Chapter Six -Interpretation and Data Analysis

The chapter dealt with the analysis and interpretation of data collected during
the research work based on semi structured questionnaire via homogeneous

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purposive sampling of various stake holders in Mumbai, Maharashtra. Tool of
face to face conversation was used for interviewing the stakeholders. By that
data of stakeholders, using computer, mobile and internet have been collected
for homogeneous purposive sampling and that allowed the researcher to infer
information about population, without having to investigate every stakeholder.

Chapter Seven -Conclusion and Suggestions

This is the concluding chapter of the Research Work carried out by the
researcher. This Chapter has the major findings of the Study and the suggestions
of the Researcher to provide a better legal tool to protect privacy in India.

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