By Aarushi Singh

Abstract

This article dives into privacy laws and traces some of the landmark cases involved under these laws with social media becoming a notable part of our daily lives and social fabric, outlining the ambiguous understanding of the right to privacy.

Introduction

Almost every aspect of our lives has been impacted by social media, which has helped us connect to both our local and worldwide communities. Social networking sites are now the most widely used. These have emerged as the most popular platforms for information exchange, particularly for glaring social issues. They have developed into an essential informational resource, particularly for teenagers and young adults. They thus have a striking effect on impressionable minds. The question of the right to privacy arises here. Every Indian person has a basic right to privacy, which the Supreme Court of India has determined derives from Article 21 of the Indian Constitution. The problem at hand is the conflicting claims made by ardent supporters of social media sites and those who assert that the right to privacy was violated at the request of those platforms, which are lauded for their support of free speech and expression. 

Growth of Social Media 

As is clear, social media has a significant impact on us because it has integrated into everyone’s lives in the present era. It has both beneficial and bad effects. The ease of information accessible, especially at low cost, is the most significant positive influence. We receive information instantly from all over the world. Additionally, social media allows us to stay in touch with loved ones who may live far away from us. We experience a sense of connectedness just outside our front doors thanks to keeping in line with our friends, family, and the rest of the globe. When it comes to the negative effects, the list is extensive. The most frequently discussed issues include smartphone addiction, stress, and poor mental health. This may alter sleeping habits, result in a variety of sleep issues, or possibly be the root of several psychiatric issues. The violation of one’s right to privacy is another issue that needs to be addressed, particularly about social media and is covered in more detail in this article. 

Everyone uses social media, from a 13-year-old kid to a 75-year-old senior, from someone who makes a daily wage to a software engineer. Facebook, Instagram, Twitter, and YouTube are just a few of the social media platforms that almost everyone has access to at home. The youth are the ones who use social media the most out of all these different types of individuals. For some people, being involved may have beneficial effects, such as quick access to a wide range of information, a platform to demonstrate their skills and creativity, and the chance to express their thoughts on matters that may be social, political, or economic. Thus, it can give people a sense of empowerment. 

Everybody has access to a platform where they can share information or express their thoughts due to this flexibility. It must be remembered, though, that not everyone benefits equally from this open exchange of information. This might end up being a curse for certain innocent individuals who could become the victim of others’ evil intentions. Yes, the spread of misleading information on social media, whether on purpose or accidentally, has become rather prevalent. We frequently hear headlines about fabricated claims, such as those of sexual harassment, fraud, etc., made specifically to discredit someone. Another frequent occurrence is the public disclosure of someone’s private information online. The fundamental right to privacy has been violated by everything said here. 

Right To Privacy

Ancient Hindu literature can be found where the idea of seclusion first appeared. According to Hitopadesh, certain topics (such as family, sex, and worship) should be kept private. So, the idea of privacy isn’t a novel one in our nation. According to the Puttaswamy ruling, India’s Constitution’s Articles 14, 19, and 21 protect the right to privacy as a basic constitutional right.

In its most basic form, privacy refers to the condition of being safe from unwanted public intrusion. The Indian judicial system has been in disagreement for years about whether or not the right to privacy should be recognized as a fundamental right. In earlier rulings, it was determined that the right to privacy does not constitute a fundamental right protected by the Indian Constitution in M.P. Sharma v. Satish Chandra and Kharak Singh v. The State of Uttar Pradesh. The right to privacy was deemed a basic right in the case of Puttaswamy v. Union of India, which falls within the ambit of Articles 14, 19, and 21 of the Constitution. This decision was unprecedented and momentous. In particular, it is an inherent aspect of the right to life and freedom. It was ruled that preserving every individual’s personal information from even state examination constitutes a fundamental and irrevocable right. Therefore, any action taken by anyone, including the state, that violates a person’s right to privacy is subject to rigorous judicial review. 

Although the right to privacy has become a fundamental right, the Apex Court has clarified that it is still subject to reasonable limitations. The state must meet three requirements outlined by the Supreme Court to impose these limits. 

Social Media And The Right To Privacy Co-existing

Social media is essentially an online communication tool. When it first started, its principal objective was to build a global virtual kinship network. The most popular social networking platforms include WhatsApp, Facebook, and Instagram. Before the advent of cybercrime in the 1990s, members of such social media networks were trouble-free.

Unbelievably, we are the ones that divulge our data online. We divulge our data whether knowingly or unknowingly. You can do this by joining Facebook, Instagram, Facebook Prime, and other services. One-third of internet users acknowledge that they are unaware that their data is available online. Online access to a wealth of cyber information has created new legal issues for which suitable regulations have not yet been drafted.

Additionally, it goes beyond simply avoiding keeping your passwords on a computer or disclosing every bit of your personal information. Much more is broadcast throughout cyberspace, including the individuals you are linked with on the internet, your purchasing habits, the frequency with which you visit various websites, etc. You could sustain serious harm if you don’t safeguard your sensitive data from cyber hackers. These can include taking your social security benefits, filing compensation claims in your name, using your name to conduct financial activities in your name, and using your information to create false passports, PAN cards, and other documents. The instances of sexual predators, online stalking, defamation, and identity theft have gained more attention, which is more significant. 

The younger generation is known to be particularly vulnerable to these cybercrimes. This is because they typically see no danger in disclosing even their sensitive information. This is significant because these criminal minds can see right through their immaturity. It is startling to learn that one of today’s biggest social media platforms, Twitter, has acknowledged scanning all of their users’ contacts to learn more about them. Facebook is another example of this, as it makes contradictory claims about its nature. On one hand, it adamantly asserts that it is the exclusive owner of all contacts, while on the other, it gives users permission to use any contacts that are made available. 

India’s laws concerning the internet and privacy are manifestly lacking. When it comes to the creation of laws in this area, the Indian judicial system and legislature have fallen far short of expectations. There have been laws and regulations passed, most of which deal with defamation. In the case known as the PUCL case, Kharak Singh v. State of UP, it was decided that tapping phones constitutes a privacy violation. By extending this logic, it is reasonable to conclude that WhatsApp’s sharing of user data with Facebook following its update constitutes a clear violation of their privacy. 

In The Information and Technology Act of 2000, the idea of privacy is understood in a very traditional and liberal manner. When someone intentionally sends images of their privates without their consent, Section 66E is broken. Only Section 79 of this act refers to social media. This section makes it clear that if someone writes or uploads something disparaging about someone else, the platform where it is posted, such as Twitter, Facebook, etc., is not responsible for that individual’s actions. Beyond this, there is no other information on social media in the entire piece. 

However, in the Shreya Singhal case, it was decided that Facebook had a responsibility to take down any offensive material that its users submit. After receiving complaints about it, Facebook must act on its judgment. Karmanya Singh v. Union of India case involved WhatsApp and Facebook privacy. The link between the government and the people was the main topic of constitutional rights. However, this idea has undergone a significant transformation as a result of India’s rapid privatization. Many roles historically performed by the government have been assumed by private corporations. However, the authors of our Constitution drafted the laws to the circumstances that prevailed in the nation at the time. 

Due to these altered circumstances, these private actors that carry out state-like functions are examined by the Constitution in the same way. The contract between Facebook and WhatsApp, two private companies, was contested in the current instance by using the aforementioned ideology.  Privacy is the right to be left alone. This description of privacy is currently deemed inadequate by experts in our highly linked world. Today, everything is connected because of the development of the internet and social media. Ram Jethmalani v. Union of India case, in which the Supreme Court expressed its opinion, stated that “it is important that human beings should be allowed domains of freedom that are free of public scrutiny unless they act unlawfully.” The government’s Aadhaar program, which collected personal information and data to determine eligibility requirements for several government benefit programs, catalysed this issue.

A few petitions alleging a violation of privacy by the Aadhaar card policy were submitted to the Supreme Court in 2015. The petitioners said that enrolling in Aadhaar was a step towards a “totalitarian state” and an invitation for the leakage of personal information. A nine-judge panel headed by Chief Justice of India J.S. Khehar had a passionate debate with academics and attorneys on the question of whether privacy is a constitutionally guaranteed right. The Supreme Court’s concern over data collection and use raises the possibility that individual businesses and service providers would gain access to personal information. Data protection has grown to be a significant problem in the present era when every piece of information we possess is accessible to the government and stored on our digital devices. The court emphasizes that the “state is obliged to put in place a robust personal data protection mechanism in this digital age.” The full constitutional bench was then asked to review the issue of privacy as a basic right. This bench determined that there are three distinct privacy zones: intimate, public, and private. The private zone includes ATM numbers, PAN numbers, and other personal information. The intimate zone covers physical and sexual privacy. These two zones, upheld by the Indian Supreme Court, go beyond the specifics of the current case. It was argued that the public privacy zone must be handled on a case-by-case basis. The Supreme Court is now hearing the current case, which belongs to this area. 

Conclusion

Much more needs to be accomplished in the area of social media’s interaction with privacy rights. The creation of a distinctive and thorough statute covering this area is urgently needed. Additionally, the Information and Technology Act of 2000, as it is currently written, has to be expanded to cover social media and privacy-related issues more fully. Most critically, this Act will also establish a broader definition of privacy. In addition, the Supreme Court of India’s directions must be properly put into effect in several cases involving social media privacy.

Author’s Bio

Aarushi Singh is a law student at Jindal Global Law School, OP Jindal Global University, and is a columnist with Nickeled and Dimed. 

Image Source: https://www.thestatesman.com/opinion/privacy-in-the-digital-age-1502822444.html