Over last couple of years there has been a substantial increase in the amount of data that is generated through the usage of various electronic devices and applications. Today’s businesses derive a substantial value by analysing the ‘big data’ and often determine their business strategies based on such analysis. While there is no denying the business efficiency involved, the burning question is ‘do individuals have a control over the manner in which information pertaining to them is accessed and processed by others. Privacy is the right to be left alone or to be free from misuse or abuse of one’s personality. The right of privacy is the right to be free from unwarranted publicity, to live a life of seclusion, and to live without unwarranted interference by the public in matters with which the public is not necessarily concerned.
Article 21 of the Constitution of India provides that “No person shall be deprived of his life or personal liberty except according to procedure established by law”. However, the Constitution of India does not specifically recognize ‘right to privacy’ as a fundamental right.
The Information and Technology Act,2000 and Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, provides for the guidelines for data protection in India.