Being Watched: Is Your Privacy Still Yours?

 Being Watched: Is Your Privacy Still Yours?

Introduction:

Privacy means keeping our personal life and information to ourselves. We should choose what others should know about us. It is broken when someone takes our data without clear permission.

In India, privacy is at risk because:
a) Governments and companies collect data without asking clearly.
b) Tech like AI, social media and drones can easily track us.
c) Companies study our habits to sell more things.
d) Most people don’t understand how their data is used.
e) Privacy laws are old and don’t match today’s digital world.

In short, privacy means the right to be left alone. In today’s digital age, too much sharing can harm our dignity and goes against our right to privacy under Article 21 of the Indian Constitution.

Historical & Legal Background

• People have valued privacy for centuries, knowing “some things” should stay personal. But with inventions like cameras since 1888, private lives became more exposed.

• In 1948, the UN's Universal Declaration of Human Rights declared “privacy - a basic global right”, saying no one should be watched without a valid reason.

• New technologies created new threats, leading to demands for stronger privacy rules.

• In India, early court cases like Sharma v. Satish Chandra (1954) did not see privacy as a constitutional right.

• In Kharaksingh v. State of UP (1964), the court acknowledged privacy as a right under Articles 21 and 19(1)(d) but limited to based on state interest.

• Landmark case – K.S.Puttaswamy v. Union of India (2017), the Supreme Court confirmed privacy as a fundamental right under Article 21 and introduced a 3-part test:
  a) There must be a law,
  b) A valid state reason,
  c) The action must be necessary and proportionate.

• The ICCPR (Article 17) also protects people from unjust interference in their private lives.

• The EU's GDPR is a strong privacy law that sets global standards for data protection.

Modern Threats to Digital Privacy

The maxim "In the digital world, more exposure means less protection", is specifically relevant these days.  

In today's digital world, privacy is at risk because technology is everywhere, personal data is valuable and both governments and companies are watching more closely.

Key modern threats include:

• Personal data is collected widely by governments and companies, often without clear consent.

• This includes details like habits, interests, health, education, and income.

• Even small pieces of data can reveal a lot and give others power over you.

• Companies treat data like digital gold, using it to study behaviour and boost profits.

• Long and confusing privacy policies often mislead users, making real consent difficult.

Advanced Technologies and Their Capabilities

• Technologies like AI, big data, social media, IoT, and drones make it easier to collect and misuse personal data.

• Facial recognition allows mass surveillance and often shows racial and gender bias, raising issues about fairness and consent.

• IoT devices and smart speakers can collect and share data without people’s knowledge.

• Drones are used more to watch, record and store data on people.

Unresolved Gaps and Emerging Challenges

The digital age has made it hard to protect privacy because technology is growing faster than laws, leading to more data collection and surveillance with little control.

Key gaps and challenges identified: 

• The Constitution lacks clear privacy protections.

• Rules don’t cover digital or public spying well.

• Courts wrongly think people lose privacy in public.

• Laws don’t see that privacy changes by situation.

• Governments and companies collect info without real permission.

• AI, face recognition, and smart devices often track unfairly.

• Laws are old or missing, and no strong oversight especially in crises.

• Surveillance used without proof and goes too far with no limit.

• Spying harms speech, protests, and mental health.

• Companies earn from data : users, especially kids and workers, don’t understand risks.

Mitigating Threats and Strengthening Safeguards

Protecting privacy in the digital age needs a combined effort of laws, technology, society, and ethics :

I. Strengthening Legal and Regulatory Frameworks

• Update laws to match new tech.

• Make clear rules and set up a privacy watchdog.

• Use better ideas like "contextual integrity" to protect data in public.

• Surveillance should follow laws and be watched by experts.

• People must choose to share data.

• Use data only for the reason it was collected.

II. Addressing Specific Technological Threats

• Don’t use face recognition in policing - it’s unfair and invades privacy.

• Keep encryption strong - don’t weaken it without clear need.

• Use tech that keeps personal data safe.

III. Fostering Societal and Individual Empowerment

• Be clear about data use.

• Teach people how to stay safe online.

• Work together to protect privacy.

• Don’t use personal data just to make money.

IV. Promoting Foundational Principles

• Invade privacy when it is absolutely needed and in a fair way.

• Surveillance must not unfairly target or hurt vulnerable people.

• Privacy protects our freedom to speak and gather peacefully.

• Keep data safe from misuse by businesses and watch companies involved in government spying.

• Surveillance should never be used to punish people.  Strong laws, openness, education, and oversight are needed to protect privacy.

Conclusion:
In today’s digital world, keeping our privacy safe is very important. As technology grows, risks like data tracking and misuse by companies or the government are also growing. Courts now see privacy as a basic right, but more action is needed to handle these new challenges.  Maxim
“Ubi jus ibi remedium”, where there is right, there is remedy, supports the content that “If privacy is violated, there must be a legal way to address or correct it”.

We need better laws, clear actions, fair technology, and public knowledge to protect our privacy. Everyone - people, communities, governments, and companies must work together to keep our freedom, dignity, and choices safe in the digital world.

Closing Credit

 Author- Sujatha N.

"The views expressed are personal. This article is intended for educational purposes and public discourse. Feedback and constructive criticism are welcome!"