- Research/Scholar Paper name – “Data Protection and Privacy in the Current Digital Age“
- Author: Isha More
- Institution: DES Shri Navalmal Firodia Law College, Pune
- Affiliation: Centre for Study of Contemporary Legal Issues
- Date of Publication: 17/08/2021
This article encompasses the current landscape in India with regard to data and its protection. India is emerging as a data-driven economy because of the use of the internet and its accessibility across public and private sectors. The Internet has given rise to new markets which focus mainly on data collection and processing of highly sensitive personal information. The unauthorized and arbitrary use of personal data has triggered issues with regard to the privacy and autonomy of Indian citizens. A robust legislative framework for data privacy and protection will secure the citizens’ personal information and contribute to the development of data-driven innovation and entrepreneurship in our country. This article provides insight on various definitions of Personal Data under different jurisdictions and legislations including the Indian Personal Data Protection Bill and the European Data Protection Law (GDPR). This article studies the recent judicial developments regarding digital privacy. It discusses case studies revolving around how techno-giants like WhatsApp and Facebook are taking undue advantage of India’s nascent Data Protection laws. India is in dire need of a sentinel to protect its digital space. Although the Government of India is aiming to bring about data sovereignty through the proposed Personal Data Protection bill, without its codification, the data of Indian citizens are still vulnerable. The dereliction of duty to recognize the present reality of how information is collected, stored and processed can further precipitate data malpractices. The failure of both consumers and intermediaries to appraise the procedures of information sharing can elicit abuse and mishandling of data. This article also focuses on AI, Machine Learning and their wide-ranging uses. The article concludes with certain risks which might arise while handling personal data. It reflects upon certain practices and measures that might mitigate the risks faced due to data infringement and thereby protect the autonomy of the users.