Privacy in Internet Era: Private data, Blackmailing, Revenge porn.

Author: Shreya Rathore pursuing BBA LLB (Hons) from University of Petroleum and Energy Studies Privacy and its importance: Privacy is essential for the protection of autonomy and human dignity, which serves as the foundation upon which many other human rights are built. Privacy allows us to create boundaries and protect ourselves from inappropriate interference in our lives, allowing us to discuss who we are and how we want to interact with the world around us. Privacy protects the use of electricity by states, companies and other actors arbitrarily and irregularly. It controls what we know about ourselves and what we can do, but we must protect others who seek control. Privacy is a fundamental human right. The right to privacy is expressed in all major international and regional human rights instruments. There are constitutional pronouncements in over 130 countries regarding the protection of privacy. Why it matters? Despite international human rights law, it is very common for privacy to be violated by states and institutions. Technological developments have enhanced our capabilities to protect privacy, but the technical capabilities are also there to monitor and interfere with our privacy, without advance notice. Progress in processing personal data (intercepting, accessing, storing, storing and analyzing data; centralized DNA and biometric databases; and more sophisticated algorithms capable of anonymizing data) are already outdated. Legal protection. Meanwhile, the emergence of a rapidly expanding global surveillance industry allows government agencies to intervene in the right to privacy, including mass surveillance. Technological development is combined with a global discourse on security and countermeasures, which seeks to prevent individuals' privacy from fighting terrorism, while protecting privacy against security. This discourse led to the adoption of laws that gave the intelligence services extended powers with little supervision. State surveillance and personal data misuse take many forms: the widespread disruption of communication; indiscriminate data retention policies; Local surveillance through CCTV, GPS and similar technologies; SIM card is mandatory registration, mandatory ID and biometric system. Hacking, malware and other ways to compromise the security of communication systems are similarly done with the success of security and intelligence agencies. Mostly, we are not informed of suppressed intelligence; the way in which our personal data is collected, analyzed and shared; they were not even given the opportunity to question these activities. In fact, civil society organizations sometimes face threats when investigating state policies and practices or documenting violations of their privacy rights. Complexity of jurisdiction The borderless nature of information on the Internet complicates online privacy because a person's data is subject to varying degrees of security, depending on the jurisdiction he or she is in, for example, the use of Gmail is subject to Indian laws in the United States. The US states on the one hand may look positively if privacy protections are stronger in one country than in the other, but in the reverse situation privacy may be detrimental - where the company's privacy standards and security measures are low. In addition to the confusion of different levels of protection over the data, it is their right because it flows through different jurisdictions, accesses data stored by law enforcement in a different jurisdiction, or has access to law enforcement from one country. Other issues that may arise during field processing. These issues cannot be overestimated when compared to the case of NSA leaks. Because Indian data is on US servers, the US government can access and use the data at no charge to an individual.[1] In response to the NSA leaks, the Government of India has stated that it is necessary to know all the facts before any action is taken, but citizens have initially tried to capture data leaked companies such as Google and Facebook.[2] However, because the companies operate within the legal boundaries of the United States, they are so incorporated that they cannot be held responsible. In response to the dilemma, many actors in India, including the government and industry, want to set up ‘domestic servers’. For example, Dr. Kamalesh Bajaj, CEO of Data Security Council of India, was quoted in Forbes magazine as encouraging the establishment of India-centric social media platforms. [3] Similarly, after the Prism scandal emerged, the National Security Adviser requested the telecommunication department to ensure that traffic data is only routed through Indian servers.[4] In these cases, the Internet is a driving force behind the growing privacy debate and awareness in India. Current Policy for Internet Privacy in India At present, India's most comprehensive legal provisions that address privacy on the Internet can be found in the Information Technology Act (ITA) 2000. In some cases, there are several provisions for ITI that protect online privacy or in other cases dilute it online. Privacy terms that explicitly protect consumer privacy include: punishing child pornography,[5] punishing, hacking and cheating[6] and defining data protection standards for body corporate.[7] Utility to reduce user privacy Providing personal information of the body of the user stored by the corporation and monitoring Internet traffic data[8] and using online communication through real-time monitoring, disruption and decryption[9] In addition, legislative gaps in the ITA can jeopardize online consumer privacy. For example, ITA does not address questions and situations such as the standard status of social media content in India, the merging and sharing of data in databases, the ability of users to transmit their own "private areas" of the Internet, the presence of untraceable cookies and options, the use of electronic personal identifiers across the data base. And it is only right that individuals request service ITA section 67. Blackmailing Blackmail can be defined specifically under state criminal law. It may be an independent offense or may be subject to criminal exploitation. Generally, this involves the threat of forcing another person to act against his will and often against his interests. The purpose is usually to take the person's money or other property. Blackmail can be defined as a crime or misuse depending on the relevant criminal statute, the circumstances involved, and the value of money or property. Additionally, in some cases federal offenses may involve blackmail or extortion. The amount of blackmail for criminal threats, which is better defined as Section 503 of the Indian Penal Code: - Whoever threatens his person, reputation or property or the reputation of the person, is interested in that person, intends to offend that person, or does not act legally. Any act of persuasion or intimidation of the person is not obligatory for the person to do what is legally qualified, such as a threat to avoid execution, a criminal threat. The offense of criminal intimidation can be punishable by up to two years in prison or with a fine or both. It can also be described under section 384: Punishment for Extortion- Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Under this provision the punishment is of 3 years and this offence is a NON BAILABLE offence and triable in any Magistrate.[10] Revenge Porn Revenge porn means sharing images or videos that are explicit or sexual without the permission of the person in the picture. It is a problem in people of all ages, from children to adults over 11 years old. However, the most commonly reported incidents ranged from those in their mid-twenties to adults in their teens. This is due to the lack of available information and support for the risks and consequences of sharing vivid images. Legal remedies: The recent rise of revenge has prompted many countries around the world to implement the law. There is currently no shortage of law in India and no specific law dealing with revenge. However, various sections of the Indian Penal Code, 1860 (IPC) and Information Technology Act, 2000 (IT Act) are used to punish criminals who do not fully understand the nuances of revenge porn. 292: Distribution or circulation of obscene material. 354C: Capturing or dissemination of pictures of a woman engaged in a private act without her consent 499: Act done by a person intending to harm or having a reason to believe the same would harm an individual’s reputation or character. 509: Act intended to insult the modesty of a woman. With respect to the IT act, revenge porn attracts prosecution under Sections 66E, 67, 67A and 72 of the Act. The relevant provisions and what they address are enclosed below: S.66E: Violation of privacy; Publishing or transmitting obscene material in electronic form S.67: Publishing or transmitting of material containing sexually explicit act, etc. in electronic form S.67A: Publishing electronic material containing sexually explicit act S.72: Breach of confidentiality and privacy In addition, other laws include situations such as the Unlawful Representation of Women (Prohibition) Act, sections 4 and 6 (IRWA), which prohibit the publication of photographs (among other things), including vulgar representation of women. Additional provisions of various laws may also be used depending on the facts and circumstances of the given cases. [1]http://www.bbc.co.uk/news/technology-24744695

[2]http://www.thehindu.com/news/national/sc-to-hear-pil-on-us-surveillance-of-internet-data/article4829549.ece

[3]http://forbesindia.com/article/checkin/indias-internet-privacy-woes/35971/1

[4]http://www.thehindubusinessline.com/industry-and-economy/info-tech/route-domestic-net-traffic-via-india-servers-nsa-tells-operators/article5022791.ece

[5]ITA section 67

[6]ITA section 43, 66, and 66F

[7]Information Technology (Reasonable security practices and procedures and Sensitive personal data or information) Rules, 2011.2011.roviders to remove their personal content.

[8]Information Technology (Procedure and Safeguards for monitoring and collection of Traffic Data or other information) Rules 2009

[9]Information Technology (Procedure and Safeguards for intercepting, monitoring, and decryption) Rules 2009

[10]https://www.legistify.com/qna/answer/855-punishment-for-blackmailing/

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Privacy in Internet Era: Private data, Blackmailing, Revenge porn.