Date: 05-11-2022
Lecture 7: Legal Privacy and Data Protection Illustration and Case Studies
(Focuses on practical point of view of Cyber Law)
Resource Person: Dr. (Adv.) Prashant Malik
Topics to be discussed: Case study, Privacy breach, status of privacy in India, available legal framework
• Introduction: In the present time, using various devices for entertainment, convenience, and
ease of access have its own consequence. Most common device is mobile phones, which
captures the data, voice, location, resulting into breach of privacy.
• What is Privacy: Privacy is a fundamental Human Right, enshrined in numerous International
human rights instruments and central to the protection of human dignity.
• Domestic laws related to Right to Privacy: Before Justice Puttaswamy case, domestic laws
related to privacy existed but not in the contexts of privacy being a fundamental right. In Justice
Puttaswamy case, the nine Judge bench unanimously reaffirmed right to privacy as a
fundamental right. Right to Privacy also includes right to be forgotten, which allows the
individual to erase all the unwanted information regarding his/her past actions, records or
conduct or any other information which can affect the individual’s personal growth in an
unwanted manner, to be removed from the internet.
• What is Data: As per Section 2(1) of the IT act, Data " means a representation of information,
knowledge, facts, concepts or instructions which are being prepared or have been prepared in a
formalised manner, and is intended to be processed, is being processed or has been processed
in a computer system or computer network, and may be in any form (including computer
printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally
in the memory of the computer.
• Existing Legal Framework for Privacy and Data Protection in India:
➢ Article 21- Fundamental right to Liberty, has been interpreted to include Right to
Privacy.
➢ Indian Contract Act, 1872
➢ The Information Technology Act, 2000
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➢ Some sector specific laws such as Do Not Call (DNC) Registry under TRAI, RBI guidelines
which suggests adhering to privacy principle to protect customer information.
• The Information Technology Act, 2000: Under the Information Technology Act, 2000
➢ Section 65 deals with tampering with computer source documents.
➢ Section 66 deals with Hacking with computer system.
➢ Section 43 A deals with compensation for failure to protect data.
➢ The compensation is awarded by Adjudicating officer (Secretary of the Department of
Information technology) for the sum which is up to Rs. 5 Crores. For any appeal one can
go to Telecom Dispute Settlement and Appellate Tribunal (TDSAT).
➢ Section 72 A deals with Punishment for disclosure of information in breach of lawful
contract
• Personal Data Protection Bill, 2009: A brief of the proposed draft was discussed focusing on:
➢ Certain important terms were discussed such as Personal Data, Processing, Sensitive
personal Data, Data Fiduciary, Data Principal, Data Processor in the slides.
➢ The Law will be applicable to both public and private entities with regard to processing
of personal data, with some exceptions.
➢ Obligation of Data Fiduciary: discussed in detail in the slide.
➢ Concept of Consent and explicit consent
• Case Study:
➢ Jorawar Singh Mundy v. Union of India
➢ Punjab v. Gurmeet Singh and Ors.
➢ Prem Shankar Shukla v. Delhi Administration
➢ Sri Vasunathan v. Registrar General
➢ K.S. Puttaswamy v. Union of India
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