The question of
whether privacy is a fundamental right is being argued before the honorable
Supreme Court of India. It is a topic to which a young India is waking up too.
Privacy is often equated with Liberty, and young Indians wants adequate
protection to express themselves.
Privacy according to Wikipedia is the ability of an individual or group
to seclude themselves, or information about themselves, and thereby express themselves selectively. There
is little contention over the fact that privacy is an essential element of
Liberty and the voluntary disclosure of private information is both part of
human relationships and a digitized economy.
The reason for
debating data privacy is due to the inherent potential for surveillance and
disclosure of electronic records which constitute privacy such as sexual
orientation, medical records, credit card information, and email.
Disclosure
could take place due to wrongful use and distribution of the data such as for
marketing, surveillance by governments or outright data theft by cyber
criminals. In each case, a cybercitizens right to disclosure specific information
to specific companies or people, for a specific purpose is violated.
Citizens in
western countries are legally protected through data protection regulation. There
are eight principles designed to prevent unauthorized use of personal data by
government, organizations and individuals
Lawfulness, Fairness & Transparency
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Personal data need to be processed based on the consent
given by data subjects. Companies have an obligation to tell data subjects
what their personal data will be used for. Data acquired cannot be sold
to other entities say marketers.
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Purpose
limitation
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Personal data collected for one purpose should not be used
for a different purpose. If data was collected to deliver an insurance
service, it cannot be used to market a different product.
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Data
minimization
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Organizations should restrict collection of personal data
to only those attributes needed to achieve the purpose for which consent from
the data subject has been received.
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Accuracy
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Data has to be collected, processed and used in a manner
which ensures that it is accurate. A data subject has to right to inspect and
even alter the data.
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Storage
limitation
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Personal data should be collected for a specific purpose
and not be retained for longer than necessary in relation to this purposes.
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Integrity
and confidentiality
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Organizations that collect this data are responsible for its
security against data thefts and data entry/processing errors that may alter
the integrity of data.
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Accountability
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Organizations are accountable for the data in their
possession
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Cross
Border Personal information
Requirements.
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Personal
information must be processed and stored
in secured environment which must be ensured if the data is processed
outside the border of the country
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It is important
for cybercitizens to understand their privacy rights particularly in context of
information that can be misused for financial gain or to cause reputational
damage.
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