Data breach is the most debated issue in India since the launch of Aadhar Cards. The government, citizens as well as International Organisations are taking data breach as one of non-traditional threat on the world at present. Union Law Minister Shri Ravi Shankar Prasad in an interview told that by 2019 India will have its own Data Protection Law. Now the question arises is whether this law will be helpful in preventing the internet from using individual’s private details and will it stop the Political Parties from accessing public details for promoting their ideology.

Way back in 1998 the government of U.K. came up with the Data Protection Act with the motive to make new provision for the regulation of the processing of information relating to individuals, including the obtaining, holding, use or disclosure of such information. Information privacy law or data protection laws prohibit the disclosure or misuse of information about private individuals. Over 80 countries and independent territories, including nearly every country in Europe and many in Latin America and the Caribbean, Asia, and Africa, have now adopted comprehensive data protection laws. The United States is notable for not having adopted a comprehensive information privacy law but rather having adopted limited sectoral laws in some areas.

Privacy today is a concept which is not practical because you don’t have it. People share their details with every turn they make in the city, from filling feedback forms at a restaurant or signing up with an online platform. We have given our mobile numbers, email ids, addresses and even our family background, with all of this privacy can’t be maintained. Therefore the government face heck load of challenges in implementing and presenting data protection laws as it had with GST.

The Constitution of India does not patently grant the fundamental right to privacy. However, the courts have read the right to privacy into the other existing fundamental rights, ie, freedom of speech and expression under Art 19(1)(a) and right to life and personal liberty under Art 21 of the Constitution of India. However, these Fundamental Rights under the Constitution of India are subject to reasonable restrictions given under Art 19(2) of the Constitution that may be imposed by the State. Recently, in the landmark case of Justice K S Puttaswamy (Retd.) & Anr. vs. Union of India and Ors., the constitution bench of the Hon’ble Supreme Court has held Right to Privacy as a fundamental right, subject to certain reasonable restrictions.

In an interview, Ravi Shankar Prasad (Present Union Minister for Law and Justice) with the magazine India Today stated that it is high time we should make a law to protect our data. The legislature will surely come up with the draft in 2019, he also clarified that the law will not have any enforcement problems but this is a point to be accepted the future will witness the rigidity and enforceability of the law.


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