The Evolution Of Privacy Laws In Age Of Big Data

Legal Article by - AISHWARYA (This Article was written by her during her Internship)

Abstract

This article is an in-depth research on the emergence of privacy laws in the big data world and how it has evolved in these centuries which led every country to frame laws related to data safety but it is facing challenges due to globalization where every information is easily available to everyone and a person cannot be caught easily due to anonymous nature of the internet. Various countries have made legislation on this behalf to prevent future breaches of privacy and maintain the security of data but it is still not fully implemented because of various difficulties in the digital world associated with it.

Introduction

Data evolution has changed the whole scenario in the field of technological advancement, privacy is a fundamental concern for everyone in modern life where data becomes a central element. Analysis of big data tries to harness the information generated daily for innovation and efficiency across all industries. The scope and scale of collection, storage and analysis of the data impose significant challenges in the issue of privacy.

Historical Context Of Privacy Laws

The privacy issue has evolved over centuries with the influence of changes in society and the advancement of technology, In Pre Digital Era privacy was only concerned with physical places and through personal communication, the development of postal services, telegraphs and the internet changed the dimensions of privacy in the 19th Century where Samuel Warren and Louis Brandeis said that everyone has ‘The Right To Live Alone’. Protection of individuals from effects of technology like photography and press that can expose the private life of individuals to the public. In the Early mid-20th century, more changes were seen with the evolution of computing technology for data storage and collection raised privacy concerns not only for individuals but also for government and corporate surveillance, marking the beginning for several countries to frame laws in the field of personal data protection.

Early Privacy Legislation

The 1970s period marked the beginning of the development of privacy laws. In U.S.A. The Privacy Act, of 1974 was introduced for the protection, collection and dissemination of personal data by federal agencies. It is basically to balance between the government’s need for data and individual right to privacy. In the European Convention for Protection of Individuals about the Automatic Processing of Personal Data, 1984 steps were taken by the Council of Europe, for the protection of data. It established rules for the concept of data subject rights, which include the right to access, correct and deletion of personal data.

Emergence of Big Data

Big data emerged in the 2000s to describe the exponential growth digital generation of data. It is characterized by its volume, velocity and variety of structured and unstructured data from a variety of sources such as social media sensors and transactional systems. The rise of big data in various fields from healthcare, finance, marketing and public policy. Companies are leveraging big data to know the behavior of consumers, operation optimization and development of personalized services. The government uses personal data for the improvement of public services, Enhancement of security and making informed public decisions. Big data proliferation raised privacy concerns. The ability of people to collect, analyze and share personal data created new risks like breach of data, theft of identity and invasive surveillance. Traditional technological laws faced significant challenges with these changes and increased the need for improvement in the legal framework.

Semayne Case of 1604

The protection of the right to privacy is the foundation of freedom for individuals in this modern age.

Modern Privacy Laws And Regulations

The evolution and rise of big data make it necessary to re-evaluate private data to access its protection and address the unique challenges. General Data Protection Regulation(GDPR) came into effect in May 2018 and is a comprehensive and robust framework for data protection, it is a global standard of data protection irrespective of location for the residents of the European Union. Some key provisions of it are Data subject rights by strengthening the right of individuals over their data including their right to access, rectify, erase and port personal data, it include also right to be forgotten and the right to object to data processing. Organizations must obtain consent from an individual before collection’ and processing their data and maintain transparency by informing reasons for the collection of data. Accountability and Governance by implementing appropriate technical and organizational measures for the protection of personal data, conducting data assessment, appointment of data protection officer and reporting data breaches wit72 hours. Strict conditions on Cross Border Data Transfer outside the European Union are only done by ensuring data privacy. It not only provides a framework in the European Union but also influences other countries to make regulations for data security and protection.

California Consumer Privacy Act (CCPA) enacted in 2018 and came into effect in January 2020 in United States makes rules for the protection of data and imposes obligations on businesses regarding the collection of personal data, some of the key features of this Act are the rights of consumers to know what information is collected about them, they have right to access, deleted and opt-out for sale of their data, the Businesses must provide transparent data, privacy notices issue, secure the data and fulfil the request in the specific time frame. Enforced by the California Attorney General and allowing civil penalties for non-compliance giving the right to consumers to sue in case of data breach.

Information and Technology Act, 2000 enacted in India for protection of digital signature and information being forged and Cybercrimes protection. All forms of security should be given to personal data and strict liability for breach of data, grievance redressal mechanisms are being made in case of data being taken without the consent of digital records are kept safe online. The DPDP bill has been framed but is not being approved, once it gets the approval it will change the whole big data scenario. It protects a person’s personal and non-personal information, the right to privacy is preserved, strong trust and confidence are built, protects against data breaches maintains children’s privacy, promotes innovation, the economic growth of the country and facial recognition of the person.

K. S. Puttaswamy vs Union Of India, 2018

The right to privacy safeguarded under Article 21 of the Indian Constitution is a fundamental Right.

M. P. Sharma vs Satish Chandra The first case deals with privacy. Search and Seizure of the Code of Criminal Procedure are not violative of privacy.

Kharak Singhvs State Of U. P., 1962 Police surveillance and its overreaching powers about privacy are explicit in Article 21

Maneka Gandhi vs Union Of India,1978 Personal Liberty also covers the Right to privacy within its ambit, but it must fulfill a triple test.

Naz Foundation vs Government Of NCT of Delhi, 2009 The court gave its order on the validity of Section 377 of the Indian Penal Code on homosexuality, they can become anyone they want.

Selvi &Ors vs State of Karnataka The court explicitly made a distinction between physical and mental privacy. No person can be forced to take tests for narcotics and photographs without their free consent.

Internet Freedom Foundation vs Union Of India, 2019 Landmark decision in privacy-related issue where the court has decided that the services of the internet which are against fundamental rights should not be permitted unless they fulfill all principles proportionately.

Other Notable Privacy Laws

In Brazil, the Brazilian General Data Protection Law, of 2018 has been modeled for the protection of the personal data of individuals. In Japan, the Act on Protection of Personal Information was amended in 2020 with enhanced rights for data security and strict requirements of data processors aligned with international standards. Personal Information Protection and Electronic Documents Act in Canada protects data in the private sector, recent amendment talks about mandatory breach notification and an increase in penalties for non-compliance.

Technology Advancement And Challenges to Privacy

These technological advancements have come with various challenges related to privacy and management of big data Artificial Intelligence and Machine Learning rely on large datasets with trained algorithms for predictions have helped in managing data but at the same time come with the risk of theft and misuse. The Internet Of Things has expanded the scope of data collection by embedding sensors in everyday objects for generating vast amounts of information. It offers convenience with vast privacy issues. IoT devices collect sensitive information without the consent of individuals by making them vulnerable to cyberattacks. Blockchain Technology presents unique privacy challenges because of its immutable and decentralized nature. The permanent nature of blockchain for recorded data conflicts with the individual right to delete and modify personal data.

Future Of Privacy Laws

With the improvement in technology, several new challenges come with it and these should be addressed on a timely basis to reduce the risk associated with it some of these are Global convergence and Cooperation by harmonizing the privacy laws internationally. Ethical Consideration such as fairness, accountability and transparency in data collection and processing, fosters trust in data practices. Technological solutions by more advancement of technology can also lead to resolving privacy-related issues.

Conclusion

This article talks about the issues that are arising out of technological advancement in the case of privacy for its protection and ethical consideration. Big data is the source of information but at the same time, it comes with various security-related issues and a lack of transparency. Traditionally data can only impact the person physically but now the scenario is changing it also causes harm mentally. The big data evolution with various algorithms made data theft hard but technocrats find new ways and can easily break the security. When we are giving some sort of personal information the organization must protect it and If they are failing to do so it makes us insufficient to trust. Article 21 of the Indian Constitution impliedly have right to privacy of the individual as a fundamental right that needs to be protected but it is really difficult in this digitally advanced world where the identity of the person is anonymous.

References

1. Semayne’s Case, COURT OF KING’S BENCH All ER Rep 62, Also reported 5 Co Rep 91 a; Cro Eliz 908; Moore KB 668; Yelv 29; 77 ER 194

2. K.S.Puttaswamy(Retd) vs Union Of India, AIR 2018 SC (SUPP) 1841

3. M. P. Sharma And Others vs Satish Chandra,1954 AIR 300

4. Kharak Singh vs The State Of U. P. & Others,1963 AIR 1295

5. Maneka Gandhi vs Union Of India,1978 AIR 597

6. Naz Foundation vs Government Of Nct Of Delhi And Others,2010 CRI. L. J. 94, 2009 (6) SCC 712

7. Selvi & Ors vs State Of Karnataka & Anr,AIR 2010 SUPREME COURT 1974

8. Internet Freedom Foundation vs Union Of India, 2019 W.P. © No. 44 of 2019

9. Bhumika Indulia, ‘Evolution of Data Privacy’(SCCtimes, 4years ago)assessed 12th July, 2024

10. Jyoti Tripathi, ‘The Evolution of Privacy Laws in India’(The Legal Quoram,19th August, 2023)assessed 12th July, 2024

11. Rishika Patel, ‘Balancing Act: Ethics and Privacy in the Age of Big Data Analytics’(coin influence, February 20,2024)assessed 12th July, 2024

12. Robin Andruss, ‘A Brief History of Data Privacy, and What Lies Ahead’(Skyflow,June 27, 2022)assessed 12th July, 202

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