India and the EU: The Privacy Debate

India and the EU: The Privacy Debate

Author Name : Dr. Trapti Varshney, Vivek Yadav

ABSTRACT

“Privacy is dead, and social media holds the smoking gun.” – Pete Cashmore, CEO of Mashable

In 2017, India and the EU were two of the most interesting countries to keep an eye on. Both countries have begun having open debates about the massive problem of cyber privacy breaches, with one of the most high-profile ones being the Facebook scandal of late.

There are many instances where a person might want to keep personal information private, and the reason behind this might be some sort of issue that he or she might have against people, which may, in turn, discourage some people from communicating with him/her. The right or wrong thing to do for a person who doesn’t have good intentions would be to leak out personal information so he or she might have access to it.Section 43-A and Section 72-A of the Information Technology Act (2000) and the IT Rules (2011) protect the privacy in India. It is important to note that data privacy doesn’t necessarily mean security. It is of utmost importance that a person maintains privacy, but at the same time has confidence in his or her product.

The EU and India have two different sets of rules, with the EU making data privacy very hard to get around. This gives a company a lot more power to know where their data is and what is being done with it, meaning that you can’t necessarily have full confidence in your data going through. It comes with its own set of problems.

India has an entirely different set of rules - not that companies are looking to mess around, but because cyber laws are continuously growing.

Keywords: GDPR, Personal Data, International Law, Cyber Space, CBI and NIA, External Affair, Delegation, Privacy Law, Harmonise Data, IT Security, Data Protection Bill, Information Technology Act 2000 and SPDI Rule, Privacy of Citizen, IT Rule, Cross Border Transfer, Data Framework