What
is so great about these internet companies that they, provide consumer’s/user’s
access to their services so easily and usually that too for no apparent charges
at all?
As
an internet strong market, Indian citizens or users from India are on grid of
all Internet companies. Besides as was evident from recently concluded general elections,
trends of marketing – aptly, targeted marketing were no different in election
canvassing from product promotions of small or big products.
Infact,
lately, a huge amount of attention has been paid to government snooping, and
the bulk collection and storage of vast amounts of raw data in the name of
national security. Even state run programs like National Intelligence Grid (NATGRID) Project
of India, Central Monitoring System (CMS) Project of India, Internet Spy System
Network and Traffic Analysis System (NETRA) of India, Crime and Criminal
Tracking Network and Systems (CCTNS) etc. working amidst total absence of legal
framework for enabling enforcement of such program seems not appropriate as per
law. But even with equitable legislation it would be a direct infringement of
Article 21 of the Constitution of India and thus such programs have been a part
of sharp criticism for being a direct attack on personal privacy of individuals.
What
most of internet users don’t know, or are just beginning to realize, is that a
much greater and more immediate threat to their privacy is coming from
thousands of companies which have never been heard of, in the name of e-commerce.
Popularly
known as data brokers they are collecting, analyzing and packaging some of user’s
most sensitive personal information and selling it as a commodity not only to
each other or advertisers, even to the government, often without such user’s
direct knowledge.[1]
Much
of this is the kind of harmless consumer marketing that's been going on for
decades.
What's
changed is the volume and nature of the data being mined from the Internet and
our mobile devices, and the growth of a multibillion dollar industry that
operates in the shadows with virtually no oversight. In light of the scenarios
as described above, one peculiar point that emanates is the potential, scope
and actual market that stands on behavioral trends and characteristics of an
individual user.
With awareness and activeness on a rise very much like other
countries, demands to ensure privacy rights in India has significantly increased
lately. In consideration of passed new privacy package that
included various new rules that apply to companies and consumers
passed in June 2011.[2]
Previously,
vide the Information Technology
(Amendment) Act, 2008 the following two sections relating to Privacy were added
to the Information Technology
Act, 2000:
Section 43A, which deals with
implementation of reasonable
security practices for sensitive personal data or
information and provides for the compensation of the person affected by wrongful loss or wrongful gain.
Section 72A, which provides for
imprisonment for a period up to 3 years and/or a fine up to Rs. 5,00,000 for a
person who causes wrongful
loss or wrongful gain by
disclosing personal information of another person while providing services under the terms
of lawful contract.[3]
A very important aspect of the new rules necessitates that any
organization that processes personal information must obtain written consent
from the data subjects before undertaking certain activities. However in
absence of proper awareness and know-how of enforcement agencies, application
and affectivity of such provisions is still a matter of debate.
In absence of dedicated
privacy and data protection laws which has been interpreted by Indian
Supreme Court in light of Article 21 of the Indian Constitution in a number of
judgments not only Indian enforcement system is incapable of protecting civil liberties in cyberspace the
factum of poor privacy legislations is also an established fact.
As explained above not only we need a series of national and
international introspection sessions to
combat and restrict this new form of human behavior trafficking but we also
have to align internet related commerce
in an ethical and pro humane manner.
For queries and suggestions kindly connect to me at [email protected] or
+91-9711870085
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