The question of privacy has always been controversial. Especially when people asked to weigh their right to privacy against the nation and national security. Are these organized thefts negligible? Let us have a look at the puzzle of privacy versus national security.
Many a time we come across this huddle – whether privacy or nation! Most of the patriots (So do they call themselves) choose national security and win the hearts of millions while silently curbing the natural rights of the suppressed classes. Starting from the data security bill and National Register for Citizens to the recent privacy breach issues associated with epidemic disease control, there are so many questions that we need to address while talking about what and why of the right to privacy.
”Justice K S Puttaswamy (Retd.) and Anr. v/s Union of India and Anr. is a landmark judgment of the Supreme Court of India, which holds that right to privacy is protected and a fundamental constitutional right under articles 14,19 and 21 of the Constitution of India
Who gives us the right to privacy?
During the famous case of Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors[1] Supreme Court of India interpreted the right to privacy as a part of the right to equality and equal protection of the law, the right to freedoms and the right to life and personal liberty (articles 14, 19, 21 of the constitution of India) and hence a fundamental right.
Even after that, the scope of this right has been questioned in court many times. Nonetheless, in the historical case of Aadhar, the version of the apex court was different
and obviously somewhat contradictory to its previous vision.
Although the right to privacy remained a fundamental right, its scope has changed. Unfortunate! The current status of the right to privacy is that it is a constitutionally granted fundamental and natural right. Unlike the other two, article 21 can not be suspended even during an emergency. In essence, the right to life and personal liberty and the right to privacy are infallible.
Popular Knowledge and Action
When it comes to Information Technology, people often forget their limits of dos. While they curse hackers for breaching their personal spaces, they also laugh at a viral video of an old man bathing, captured by one of the drones deployed to watch illegal gatherings during the lockdown period with the help of the Police[1]. Although these incidents uproot the right to privacy, nobody seems aware of the wrong in their deed. Similar is the case of some mobile applications developed to aid health workers in checking the spread of the Novel Corona Virus. Most of these applications warn their users of the presence of potential suspects in their vicinity. Some even move to the extent of showing the details of the suspect. Even the recent server issue that became a breakthrough in the Kerala model of disease control exposed the lack of awareness and technical illiteracy of people about those services they use regularly. In an educated state like Kerala, where people fight against evil statutes such as the CAA, NRC, NPR and the J&K status issue, this act of government has been justified not by mentioning the technological and legal inadequacy and the urgency of the act along with the rationality of a normal Memorandum of Understanding, but by normalising the leak of the disease details and health condition of citizens ( probably COViD 19 suspect).
Here two things had to be mentioned. Firstly yes, privacy is a fundamental right that has to be protected. Because the personal data of a person – including the details of her health condition – is vital in a time of pandemic spread. Secondly, the know-how of the technology that interferes with your life on an everyday basis is essential, at least for understanding when and where potential data theft can occur.
Most of the public platforms we use – the applications we download on the gadgets such as mobile phones and computers from various sources – manage to fetch even some of our data using our agreement to their T&C that we may knowingly or unknowingly accept while using these services.
They make a database of the information they fetch within their storage spaces, which we don’t even know where and how. The only assurance we have is the international laws which prevent various companies from not indulging in any sort of malpractice using the data which we share with them. However, the term ‘Malpractices’ seems highly ambiguous and so unpredictable.
India drafted a data protection bill in 2019, which seeks for setting up storage spaces in India for commercial purposes to make sure land-based data management, however, this seems practically difficult and yet to implement.
One thing has to be mentioned here – various platforms have been using our interests for marketing their ideas and make us think the way they want. This issue seems deep-rooted in a consumer country like India, especially in its politics.
In a nutshell, privacy is a matter of the highest priority when it comes to IT. Your data can make so many changes in the world without your knowledge. It can help people at some other end to manufacture your thought process and through which your personality. One is liable and responsible to know the basics of the technology they use every day and the gist of it. Because if we forgot to question those encroachments into our personal space today, tomorrow there won’t be a space and human identity to think and gather against those who control us.
For a nation to be sound in technology, it requires not only a large number of skilled professionals but also proportional infrastructural capacity, statutes to regulate them all, educating end users and setting up R&D facilities. It is a gradual but essential process for the long term. Without this, there will not be a healthy environment for the growth and development of the country.
Be cautious, it’s a matter of existence; it’s a matter of privacy!
I’m really enjoying the design and layout of your site.
It’s a very easy on the eyes which makes it much more pleasant for me to come here and visit more often.
Did you hire out a developer to create your theme?
Excellent work!