Impact Of Right To Privacy Ruling On Tech Giants Like Facebook And Google

by Vinaya HS on September 24, 2017

in Finance

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In wake of the right to privacy and the major thrust of the Supreme Court on upholding of the right to privacy which is a fundamental right including the informational privacy, will be making a strong impact on the collection and sharing of the data by the tech giants such as Google, Facebook, Apple and WhatsApp in the country.

Until now, the privacy was considered as a regular law and not a fundamental right where the former can be enforced via civil filing while the violation of latter can be questioned directly at High Court and Supreme Court, the tech news says. The citizens are now armed where they have all the right to raise a question to the tech giant’s popular apps and services they use and share the user data. WhatsApp has created a commotion in public when it announced changes to its privacy policy and when it decided to share customer data with Facebook.

It was not difficult for the nine-judge bench to recognize the issue of informational privacy as an important aspect of the right to privacy. The bench also talked about the threats and the dangers that can arise due to the sharing of information using the various technological means.

The ruling which has recognized the importance of informational privacy, has equipped the citizens to approach the court in case they feel that their right to privacy is under any danger or threat. What more, it could also provide legal backing for petitions in courts on how popular apps and services are handling, saving and potentially sharing user data.

The legal news India highlights that the Chief Justice J.S. Khehar and other Justices have said that the Informational privacy is a facet of the right to privacy. Also, a five-judge constitution bench is hearing a plea regarding whether WhatsApp’s user data-sharing policy is violative of citizens’ right to privacy. The government is presently involved in the process of creating a data protection legislation. The central government has also appointed an expert group which is headed by the former Supreme Court judge B.N. Srikrishna.

Now it has become the responsibility of the government to make a strong data protection law which is aimed at creating a balance between individual interests and legitimate interests of the state. It has put the private companies involved in collecting and using user’s data under scrutiny.

As per the data expert, until now there has not been any way to monitor and control the private enterprises who gets the access to messages, notifications and contacts without the customers’ knowledge. The recognition of the right to privacy as a basic fundamental right and its applicability against these private players as against the state will be a big revolution. As of now, the data protection provisions are part of the Information Technology Reasonable Security Practices and Procedures and Sensitive Practices and Procedures and sensitive personal data or information Rules of 2011 for secure storage of personal data online.

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