PRIVACY INVASION IN THE DIGITAL SPHERE: AN ANALYTICAL

STUDY OF INDIAN LEGAL FRAMEWORK AND ETHICAL

CONSIDERATIONS CONCERNING ONLINE PLATFORMS

A
SYNOPSIS
(THESIS PROPOSAL)
SUBMITTED TO
THE ICFAI University Dehradun
IN PARTIAL FULFILLMENT OF THE REQUIREMENT
FOR THE AWARD OF THE DEGREE OF
DOCTOR OF PHILOSOPHY (Ph.D.)
IN
LAW

BY
ANUSHMI JAIN
(Enrollment No: RSILS200053)

Under the Supervision of

Dr. Susanta Kumar Shandangi
Associate Professor
ICFAI Law School

The ICFAI University, Dehradun

 ABSTRACT

Privacy, an ever-evolving concept, has gained importance over time, aligning with the growing
expectation of people seeking to protect their personal matters from unwarranted intrusions.
Although the Constitution of India does not explicitly mention or recognise the 'right to
privacy', judicial interpretations have enshrined it as a fundamental right, empowering
individuals against unwarranted intrusions. Recognized globally as a human right, privacy
underpins crucial principles such as human dignity, freedom of association, freedom of speech,
etc. The importance of privacy has surged with advancements in information technology, which
have dramatically increased data generation and potential for misuse. Social media, while
connecting people, poses significant privacy risks due to its potential for misuse and
unrestricted access by various entities. The Supreme Court of India in 2017, recognized privacy
as a fundamental right, highlighting the loopholes and inadequacies in existing regulations and
prompting the need for comprehensive privacy legislation. Despite multiple rejections, India
enacted the 'Digital Personal Data Protection Act, 2023' (DPDPA), aiming to regulate data
processing and grant citizens control over their information. However, the Act has notable
deficiencies, including broad exemptions for government entities, potential loopholes, and
concerns about legitimate uses of data without explicit consent. These issues could lead to
unauthorized use and exploitation of personal data, compromising the privacy of individuals.
Additionally, the Act’s provisions regarding publicly available data raise further concerns about
user privacy on online platforms. While the DPDPA marks progress in India's data protection
efforts, it also underscores the ongoing challenges in safeguarding online privacy.

Keywords:
Privacy, Fundamental Right,, Information Technology, Social Media, Data Protection, Digital
Personal Data Protection Act, Data Privacy, Online Privacy, Human Rights.
 Table of Contents
[

1 Introduction 1

2 Research Questions 3

3. Literature Review 3

4. Research Gap 12

5. Research Objectives 13

6. Research Hypothesis 13

7. Research Methodology 14

8. Scope & Limitations of the Study 14

9. Proposed Chapterisation 14

10. Month-wise Plan of the Work 18

Bibliography 19

Plagiarism Certificate
1. Introduction:
Privacy is an evolving concept that continues to gain importance over time, accompanied by
people’s expectations to preserve the same. Although the Constitution of India doesn't
explicitly state the ‘right to privacy’, the judiciary has established it as a fundamental right
through judicial interpretation, commonly referred to as the ‘right to be left alone.1’ This right
empowers individuals to seek protection from unwarranted intrusions, ensuring that their
personal matters cannot be encroached upon by others without a valid legal justification.
The ‘right to privacy’ is considered to be a human right that has been recognized in several
International Conventions, for instance, ‘UN Declaration of Human Rights’, the ; International
Covenant on Civil and Political Rights’ and several other international as well as regional
treaties Privacy serves as a foundation for essential principles like human dignity, freedom of
association, and freedom of speech, etc. In the contemporary era, apparently, it has become a
significant concern within the realm of human rights.
Ensuring respect for and protection of the ‘right to privacy’, recognized in Article 12 of the
Universal Declaration of Human Rights, Article 17 of the International Covenant on Civil and
Political Rights, and in many other international as well as regional human rights instruments2
can play an important role in managing new digital threats to human rights, which are
inextricably linked to the personal data that powers the engines of digitized societies.
People around the globe are witnessing remarkable progress in technological developments,
that enhance quality of life and stimulate economic growth. With the benefits these
technologies entail, people are also experiencing how these technologies can be used to track
them. The progressive advancement of information technology, given its ability to gather,
analyze, and distribute personal information, has created an immediate need for legislative
measures. Additionally, advancements in areas such as medical research, telecommunications,
transportation systems, and financial transfers have significantly amplified the amount of data
generated by individuals. Through interconnected computers utilizing high-speed networks and
advanced processing systems, comprehensive profiles of individuals can be compiled without
relying on a single centralized computer system.

1
Warren & Brandeis, The ‘right to privacy’, Vol. IV, Harward Law Review (1890)
2
Article 16 of the ‘Convention on the Rights of the Child’; Article 14 of the ‘International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families’; Article 22 of the ‘Convention
on the Rights of Persons with Disabilities’; Article 10 of the ‘African Charter on the Rights and Welfare of the
Child’; Article 11 of the ‘American Convention on Human Rights’; and Article 8 of the ‘Convention for the
Protection of Human Rights and Fundamental Freedoms’.

1
Social media is one aspect of technology, which helps people to connect with one another
virtually. The primary issue which arises with social media is the freedom which it provides to
its users. The freedom is not an issue but its misuse by the users causes the problems. Social
media provides its users the power to post anything on any of the social media platforms
without paying heed to the consequences following it. Furthermore, it allows the governments,
corporations and several other entities, unrestricted access into the lives of individuals. The
concept of privacy is still budding as of now, but countries like Europe, USA, etc. have
developed this concept to a great extent.
In 2017, the Supreme Court of India has recognised the concept of privacy as a fundamental
right. The Supreme Court also acknowledged the absence of an elaborative privacy law and
the inadequacies of existing regulations in addressing data privacy concerns and hence
prompted the Indian government to formulate an exhaustive privacy legislation. Inspite of its
several attempts, the privacy bill was rejected in both 20193 as well 20224 session. In its 2022
iteration, technology firms raised concerns regarding the bill's providing extensive exemptions
to government entities, limitations on safeguarding user data, and constraints on data exports.
The latest version was then put forward for public consultation in November 2022, during
which over 20,000 stakeholder comments were received for lawmakers that were to be
considered before finalization of the draft. On August 9, 2023, India enacted a data protection
law that aims to regulate the processing of users' data by various entities, known as the ‘Digital
Personal Data Protection Act’ (referred to as "the Act"). Furthermore, It lays down guidelines
for organizations as to how to properly handle the personal data and grant its citizens control
over their personal information.
‘The Digital Personal Data Protection Act, 2023’ (DPDPA) in India showcases a significant
advancement in data protection efforts, yet it holds certain deficiencies regarding online
privacy. One main concern centers on the susceptibility to exploitation or infringement of data
privacy due to loopholes or ambiguities within the legislation. These gaps could lead to the
unauthorized use of personal information, tracking of data, and the improper utilization of user
data on online platforms, as a result endangering individuals' privacy.

3
‘The Personal Data Protection Bill, 2019’ (Bill No. 373 of 2019),
http://164.100.47.4/BillsTexts/LSBillTexts/Asintroduced/373_2019_LS_Eng.pdf.
4
‘The Digital Personal Data Protection Bill, 2022’, Ministry of Electronics & Information Technology,
Government of India, accessed August 9, 2023,
https://www.meity.gov.in/writereaddata/files/The%20Digital%20Personal%20Data%20Potection%20Bill%2C
%202022_0.pdf.

2
Moreover, apprehensions arise from the Act's provisions regarding legitimate uses of personal
data without explicit consent, commonly referred to as ‘legitimate uses.’5 The broad
exemptions provided under this concept have sparked worries about potential privacy breaches
and data exploitation on online platforms. The expansive nature of legitimate uses might
undermine individual privacy rights and facilitate data misuse by entities handling personal
information.
Additionally, questions arise concerning the Act's treatment of processing personal data
available in public domain that has been provided by users, particularly regarding the level of
protection afforded to such data. The Act's clauses on publicly available data and exemptions
for its processing could impact user privacy on online platforms, particularly concerning data
scraping and third-party use without explicit consent.

2. Research Questions
a) What are the existing privacy legislation and regulatory frameworks in India regarding
online platforms?
b) What are the challenges of privacy transparency mechanisms at the different stages of
digital transition?
c) How effective are the current privacy laws in ensuring transparency and safeguarding
user privacy?
d) What are the potential areas of improvement for privacy laws with reference to online
platforms in India?

3. Literature Review:
The literature review will provide an overview of the existing literature on transparency,
privacy, and media communication in India. The review will examine the legal and ethical
frameworks governing media communication, including privacy laws, media ethics, and the
right to information. The review will also discuss case laws and examples related to the Indian
legal frameworks regarding privacy invasion in the digital sphere.

5
Section 7, ‘The Digital Personal Data Protection Act, 2023’

3
a. Heide Wunder, Considering ‘Privacy’ and Gender in Early Modern German-
Speaking Countries (2022) In Early Modern Privacy: Sources and Approaches
(pp. 63-78) available at https://www.jstor.org/stable/10.1163/j.ctv29sfvfg.9, (Last
Visited on Jan 10, 2023).
Heide Wunder's article underscores the need for privacy policies to regulate social
media. The pervasive influence of these platforms blurs the distinction between public
and private matters. Wunder argues that privacy concerns are heightened by the
increasing sharing of personal information online. To address this, she advocates for
dedicated policies that protect individuals' personal information and uphold privacy
rights. Comprehensive regulations would strike a balance between the benefits and risks
of social media, enabling individuals to manage control over their personal information
while benefiting from the platforms' connectivity and communication features. Wunder
emphasizes the urgency of implementing such regulations in light of the evolving
privacy landscape.

b. Woodrow Hartzog, “What is Privacy? That's the Wrong Question”, 88 The

University of Chicago Law Review 1677 (2021)
Hartzog contends that the notion of privacy cannot be limited to a fixed definition,
arguing instead for its multidimensional nature that varies across contexts and
individuals. He emphasizes the need to understand privacy as a contextual concept that
evolves alongside technological advancements and societal changes. Hartzog critiques
existing privacy frameworks and proposes a comprehensive regulatory approach that
considers power dynamics and promotes meaningful constraints on data practices,
individual control, and transparency. By challenging conventional notions of privacy,
Hartzog's article contributes to ongoing discussions in privacy law and policy, urging a
re-evaluation of assumptions and the development of more efficient strategies for
privacy protection in the digital era.

c. Margot E. Kaminski and Jennifer M. Urban, “The Right To Contest AI”, 121
Columbia Law Review Association, Inc.1957 ( 2021)
Kaminski and Urban's research highlights the urgent need for the protection of privacy
rights. They emphasize the growing concerns and genuine demands for data privacy,
stressing the importance of safeguarding individuals' privacy. Their work calls for
robust measures to address these concerns in our increasingly digital world. By raising

4
 awareness and advocating for strong privacy protections, Kaminski and Urban
contribute to the ongoing discourse on privacy. They emphasize the need to strike a
balance between technological advancements and privacy preservation, urging
policymakers and organizations to prioritize effective measures that adapt to the
evolving privacy landscape.

d. Sangeeta Mahapatra, “Digital Surveillance and the Threat to Civil Liberties in

India Author(s): Institute of Global and Area Studies”, (GIGA) (2021) available
at: https://www.jstor.org/stable/resrep31794 (Last Visited on May 20, 2022).
Sangeeta Mahapatra's research raises concerns regarding the use of new surveillance
techniques and the lack of adequate privacy laws in India. She highlights privacy as one
of the fundamental rights and expresses apprehension about the employment of ‘digital
surveillance system’s without comprehensive data privacy legislation. Mahapatra also
highlights the engagement of certain companies in surveillance practices, particularly
during the COVID-19 pandemic when contact tracing devices were extensively used.
The research underscores the need for India to adopt suitable measures and establish
robust frameworks to protect privacy rights and address the ethical and legal
implications associated with surveillance technologies.

e. Young, Kaliya, et al. “Key Differences Between the U.S. Social Security System
and India’s Aadhaar System.” The Promise of Public Interest Technology: In
India and the United States, New America, 2019, 137–154. (2019).
Y. Kaliya points out that India's Aadhaar system, similar to the U.S. Social Security
Number system, lacks specific legislation for handling individual data, unlike the U.S.
with its robust privacy laws. Privacy rights in India rely on judicial decisions, while the
U.S. strictly regulates SSNs and imposes stringent privacy protections. The research
provides an overview of Aadhaar and SSN, examining historical and present risks. It
discusses the role and positioning of each number within their respective systems, legal
and regulatory frameworks, operational transparency, the establishment of
comprehensive databases in India, and the contrasting use of the numbers in employee
enrollment and financial services.

5
f. Bhandari, V. (2018). “Privacy Concerns In The Age Of Social Media”, 45 India
International Centre Quarterly 66–81 ( 2020)
V. Bhandari points out that various entities, including government agencies and private
organizations, collect personal data from individuals without their knowledge or
consent. This data is stored and analyzed to reveal personal interests, past experiences,
and online behavior. The rise of big data has enabled the creation of comprehensive
individual profiles, granting unprecedented power to carry out surveillance and make
impactful decisions. Bhandari emphasizes the pervasive nature of gathering data and
the lack of transparency surrounding these activities. Through advanced data analytics,
both state, as well as non-state actors, can delve deep into personal information,
monitoring individuals and exerting a significant impact on their lives.

g. Varun Kalra and Ramisba Jain, “An Armistice Between ‘right to privacy’ and
Right to Surveillance”, (2018), available at www.manupatrafast.com (Last visited
on March 18, 2023).
Varun Kalra and Ramisba Jain's paper critically examines the legal status of privacy
right in India. They examine the progress of this recently recognized right via a case-
by-case analysis. The paper throws light upon controversies surrounding privacy,
emphasizes the need for an elaborative privacy policy, and also, evaluates the use and
potential abuse of surveillance rights. Furthermore, the authors aim to provide
recommendations for resolving the conflict between privacy and surveillance, while
establishing clear restrictions on privacy, acknowledging surveillance agencies, and,
implementing a code of conduct to prevent abuse of power. The paper addresses several
unanswered questions about privacy in the Indian context, such as the impact of
WhatsApp's privacy policy changes, and the extent of Aadhaar's role as a surveillance
mechanism. These unresolved issues are significant in ongoing cases before the Apex
Court of India.

h. V. Bhandari & and Renuka Sane, “Towards a privacy framework for India in
the age of the internet”, (2017) available at http://www.nipfp.org.in/publications
/working-papers/1768/ (Last visited on April 13, 2023)
V. Bhandari and Renuka Sane highlight the significant advancements in surveillance
technology and the accessibility of personal information, leading to enhanced
surveillance capabilities. This raises concerns about striking a balance between the

6
 benefits of big data and the potential threats to privacy. The existing policy landscape
lacks clarity, necessitating the establishment of legal frameworks, regulations,
improved privacy protections, and increased awareness of privacy rights. This
comprehensive approach aims to address the challenges of extensive surveillance
practices and ensure the adequate protection of individuals' privacy rights.

i. Smith Krishna Luthra and Vasndha Bakhru, Publicity Rights and ‘right to
privacy’, 31 National Law School of India Review (2019).
Smith Krishna Luthra and Vasndha Bakhru's paper explores the concept of the publicity
right, which involves the protection, control, and economic benefits derived from one's
image, name, or likeness. The article examines the development of the publicity right
alongside the ‘right to privacy’ in different jurisdictions, including the United States,
United Kingdom, and India. While the United States recognizes the publicity right as a
distinct right, the United Kingdom does not. In India, the publicity right is
acknowledged within the framework of Intellectual Property Rights, but its integration
with privacy rights is still in its early stages.

j. H. Akın Ünver, “Politics of Digital Surveillance, National Security and Privacy,

Centre for Economics and Foreign Policy Studies”, (2018) available at
https://www.jstor.org/stable/resrep17009, (Last Visited on Jan 02, 2023).
In his article, H. Akın Ünver explains methods of digital surveillance. He highlights the
effectiveness of digital surveillance in monitoring individuals' activities. One method
mentioned is ICT monitoring, which involves tracking online activities through Internet
Communication Technology. This form of surveillance enables authorities to monitor
digital interactions. Another method discussed is remote sensing and geo-location,
which utilizes GPS devices to collect data/information and track individuals'
movements. In certain locations, biometric machines are used to gather data for
surveillance purposes. These methods showcase the diverse techniques employed in
digital surveillance to monitor along with gathering information on individuals.

7
k. Myriam Dunn Cavelty and Matthias Leese, “Politicising Security at the
Boundaries: Privacy in Surveillance and Cybersecurity”, 5 European Review of
International Studies 49-69 (2018)
Myriam Dunn Cavelty and Matthias Leese express their concerns regarding the
unauthorized sharing of individuals' personal data. They emphasize the significance of
personal data and argue against its transfer to third parties. The focus of this article is
on the politicization of security, which differs from the concept of securitization.
Politicization implies that security issues are prone to controversial public debates
without predetermined outcomes regarding their management. To evaluate the
empirical processes of politicization, the authors propose examining privacy as a central
concept and a primary means of resistance against security logic. This approach allows
for an exploration of how privacy is used as a tool to challenge and contest prevailing
security narratives.

l. Dr. Payal Jain & Ms. Kanika Arora, “Invasion of Aadhaar on ‘right to privacy’:
Huge Concern of Issues & Challenges”, 45 Indian Bar Review (2018)
According to Gaurav Mittal and Abhishek Sharma, the Supreme Court's ruling,
recognizing the privacy right as a fundamental right intertwined with the right to life
and liberty, has instilled a sense of hope and optimism among LGBT communities. This
landmark verdict has provided these communities with a renewed faith that they can
overcome the harsh and unjust law outlined in Section 377 IPC, which criminalizes
their personal and sexual lives. Furthermore, this decision establishes a future-oriented
objective for governments to strive towards, emphasizing the need for guidelines and
measures to support the rights of the LGBT community and facilitate progressive
change. It signifies a positive step forward in paving the path for a more inclusive
society and promoting equality for all individuals.

m. Radha Devi, “Evolution of ‘right to privacy’ Jurisprudence-A Critique” Journal

of Indian Law Institute (2018)
In her evaluation, Radha Devi assessed the existing protective measures in India
concerning the ‘right to privacy’ and expressed concern regarding the inadequacy of
privacy laws. According to Devi, the ‘right to privacy’ is a multifaceted and all-
encompassing concept, encompassing personal intimacies, family life, marriage,
procreation, name, and sexual orientation. It implies an individual's entitlement to be

8
 left alone, ensuring control over crucial aspects of life and representing fundamental
liberty. However, the ability of both state as well as non-state actors to violate privacy
has significantly increased, with unauthorized leaks, hacking, and other cybercrimes
posing threats to vulnerable databases.
Devi further highlighted that modern computer systems store vast amounts of sensitive
data, yet India lacks a specific law dedicated to data protection. The absence of
comprehensive data protection legislation necessitates the establishment of guidelines
for the collection, storage, processing, and use of data by both state and non-state actors.
It is crucial to ensure that collected information/data is utilized solely for the objectives
for which it was gathered. Consequently, India requires robust data laws for protection
of data that address these concerns and provide a framework for safeguarding privacy
rights in an increasingly digitized society.

n. Zhi Zhou, Yue Wang, Eam Thwang Teo (2016) in his article “A Framework for
Semantic People Description in Multi-camera Surveillance Systems”.
This paper presents a framework for people re-identification, an important application
in surveillance systems with separate cameras. The framework utilizes soft-biometric
traits as descriptors, which offer more robustness to changing factors compared to low-
level features like color and texture. By extracting soft-biometric traits from different
parts of the detected individuals, the framework constructs a comprehensive descriptor.
People re-identification is then performed using a Nearest Neighbor matching strategy.
The proposed method is evaluated on the SAIVT-SoftBio database, consisting of videos
from surveillance cameras, and other image-based datasets. Comparative analysis with
state-of-the-art methods demonstrates the efficacy of the suggested framework in
achieving good performance. Additionally, the framework is evaluated for open ID
recognition, yielding favourable results.

o. D. Galantonu, “The Big Brother Fear: Four Perspectives on Surveillance”, 33

American Intelligence Journal 59-64 (2016).
In his article, Galantonu drew attention to the privacy concerns associated with
surveillance. He pointed out that surveillance involves the observation and tracking of
individuals' activities, behaviour, or personal information with the intention of
influencing, controlling, directing, or promoting them. The perspective on this practice
can be viewed in two contrasting ways: the positive aspect, where monitoring behavior

9
 is aimed at safeguarding individuals, or the negative aspect, where surveillance is
conducted for covert purposes like manipulating, influencing, blackmailing, or
exploiting opponents.

p. A. Tarafder, “Surveillance, Privacy, And Technology: A Comparative Critique Of

The Laws Of USA And India” available at http://www.jstor.org/stable/44782800
(2015) (Last Visited May 10, 2020)
The paper examines the laws pertaining to protection of privacy in two prominent
jurisdictions: the United States of America (US) and India. Despite significant
differences in socio-economic and political contexts, these countries present intriguing
subjects for analysis. Their distinct demographics, geopolitical structures, and
independence from communitarian regulatory mechanisms allow them to develop
unique domestic legal frameworks tailored to their specific cultural needs. The paper
investigates a concerning pattern that emerges from the shared positioning of these
nations in terms of privacy protection: one possesses a robust, functional, and
comprehensive legislative framework, while the other lacks a clear policy in this regard.
Both jurisdictions seem to prioritize "national security" over individual liberties, which
has become an accepted norm.

q. Ashley S. Deeks, An International Legal Framework for Surveillance, 55 Virginia

Journal of International Law, 291–368 (2015)
This article examines three interconnected enigmas that arise from the sudden
transformation of surveillance practices. Firstly, it examines the limited attention given
by international law to the regulation of governments' surveillance of other states'
nationals and investigates the reasons behind this gap. Secondly, drawing on
international relations theory, it argues that the establishment of new international
norms concerning surveillance is both probable and necessary. Thirdly, it identifies six
process-oriented norms that states can and must adopt to ensure efficacious privacy
safeguards in international surveillance, while also preserving their lawful national
security interests. These norms, including constraints on data usage, regular reviews of
surveillance authorizations, and independent oversight, aim to enhance transparency,
accountability, and legitimacy in foreign surveillance activities.

10
r. Acharya, Bhairav (2015): “The Four Parts of Privacy in India”, Economic &
Political Weekly, 50(22), 30 May 2015
The paper examines four aspects of privacy in India that impact the growth of privacy
laws. It also explores various theoretical understandings of privacy, encompassing
philosophical and legal perspectives. The author analyses privacy claims involving the
press, decisional autonomy, state surveillance, and personal information. However, the
research does not explore the reasonable justifications for state surveillance or propose
remedies for violations of the ‘right to privacy’.

s. Saha, Himaloya and Rahman, Saquib (2015): “Personal Data Protection Laws
Concerning Bangladesh”, IOSR Journal of Humanities and Social Science (IOSR-
JHSS), Volume 20, Issue 8, Ver. II (Aug. 2015), PP 34-43
The author explores the adverse effects that can arise from its misuse, citing examples
of individuals who have suffered as a result. The need for the enactment of personal
data protection laws in Bangladesh is emphasized, and a critical analysis of the existing
laws in the country is presented. The article provides a comprehensive overview of laws
concerning personal data protection, which fall within the realm of the ‘right to
privacy’. The conclusion emphasizes the pressing necessity for legislation on personal
data protection to ensure adequate data security. However, the article focuses solely on
data protection issues in Bangladesh and fails to address the connection between
electronic communication surveillance and data protection within the context of the
‘right to privacy’.

t. Garg, Priyam (2015): “Law On Phone-tapping In India”, Academike - Lawctopus,

February 4, 2015
The author explores the various methods employed by governments worldwide to
ensure national security. The emphasis lies on the need to lay down a legal framework
in India that defines the permissible scope and purpose of phone tapping. Recent
controversies have been discussed, and evaluations have been done comparing them to
legal frameworks in international jurisdictions. However, the article primarily centers
on the specific technology of phone tapping, without providing a comprehensive
understanding of its historical use and modern advancements in interception methods.
Furthermore, the article fails to address the use of alternative intrusion technologies for
the purpose of national security.

11
u. Mohanty, Bedavyasa (2014): “The Constitutionality of Indian Surveillance law:
Public Emergency as a Condition Precedent for Intercepting Communication”,
Journal of Politics & Governance, Vol. 2, No. 4, December 2014
The author thoroughly examined the complexities associated with intercepting
communication within the legal framework of the Indian Post Office Act and the Indian
Telegraph Act. The study also delved into the constitutional implications of
administrative powers regarding communication interception and explored the origins
and development of surveillance law in India. However, the author's analysis was
limited to the Indian Post Office Act and the Indian Telegraph Act, without addressing
the effectiveness of interception laws and data protection measures in meeting
contemporary demands and challenges.

v. Singh, Aniruddh (2014): “Interception of Communication”, Journal of Politics &

Governance, Vol. 2, No. 4, December 2014
The author examines various procedural elements associated with communication
interception and its necessity in India. The focus of the paper is on the availability,
validity, and authenticity of evidence obtained through interception. The research
highlights procedural aspects but overlooks the discussion on the significance of
establishing consistent substantive laws to safeguard the ‘right to privacy’ and ensure
data protection.

w. Gautam Bhatia, “State Surveillance And The ‘right to privacy’ In India: A

Constitutional Biography”, 26 National Law School of India Review 127-158
(2014)
The essay provides a detailed and chronological account of the Indian Supreme Court's
involvement in the recognition of the ‘right to privacy’. While the progress towards
enacting a privacy law has stagnated and remains unresolved, the court has actively
engaged with privacy issues for nearly half a century. The paper examines the
constitutional aspect of the ‘right to privacy’, tracing its evolution, interpretation, and
implementation by the judiciary. This comprehensive understanding serves as a crucial
foundation for undertaking a legal and constitutional evaluation of extensive state
surveillance in India. Gautam Bhatia highlights that, although the Indian Constitution
does not explicitly mentions privacy, the Supreme Court of India has interpreted Article

12
 21 in a manner similar to how the Fourth Amendment of the United States Constitution
safeguards against unreasonable searches and seizures.

4. Research Gap
a) ‘The Digital Personal Data Protection Act of 2023’ lacks comprehensive provisions that
specifically tackle the distinct privacy challenges presented by social media platforms,
thereby creating potential opportunities for privacy breaches within this sphere.
b) The Act's notion of "legitimate uses" permits data processing without explicit consent
under certain circumstances, which might result in data exploitation and privacy violations
if not carefully regulated.
c) The Act's approach to processing publicly available data and the exemptions granted for
such data raise apprehensions regarding the safeguarding of user privacy, particularly
regarding data scraping and third-party utilization without explicit consent.
d) Although the Act enforces fines for failure to comply, doubts may arise regarding the
efficacy of these penalties in discouraging privacy infringements on online platforms,
thereby potentially exposing users to data misuse.

5. Research Objectives:
The research aims to achieve the following objectives:
a) To analyze the efficacy of the provisions of The Digital Personal Data Protection Act of
2023 concerning privacy challenges presented by social media platforms existing privacy laws
and regulations related to social media platforms in India.
b) To examine the consequences of the "legitimate uses" clause in the Act regarding data
processing without explicit consent in particular scenarios, with an emphasis on identifying
potential hazards related to data exploitation and breaches of privacy.
c) To analyse the consequences of the Act's approach to managing publicly accessible data and
the exemptions granted for such data, with a particular focus on the preservation of user
privacy, particularly concerning instances of data scraping and third-party usage without
explicit consent.
d) To explore the effectiveness of the fines imposed by the Act for non-compliance and to
address doubts concerning their ability to deter privacy violations on online platforms, with a
view to understanding the potential risks of data misuse that users may face as a result.

13
6. Research Hypothesis:
 The absence of specific measures outlined in the ‘Digital Personal Data Protection Act
of 2023’ to confront the distinct privacy challenges presented by several social media
platforms raises the probability of privacy breaches occurring within this realm.
 The incorporation of the "legitimate uses" principle in the Act permits data processing
without explicit consent in certain circumstances, potentially resulting in occurrences
of data exploitation and privacy violations if not closely monitored.
 The Act's approach to managing publicly available data and the exceptions it grants
raise worries about safeguarding user privacy, particularly regarding data scraping and
third-party usage without explicit consent, indicating a potential threat of privacy
breaches in this area.
 Although the Act imposes fines for failure to comply, there are concerns about how
effective these penalties are in preventing privacy violations on online platforms,
indicating that users could still be at risk of data misuse.

7. Research Methodology:
The research methodology will include a qualitative research design with a case study
approach. The study will use primary and secondary sources to collect data, including legal
documents, media reports, and academic literature. Data analysis will involve thematic
analysis.

8. Scope and Limitations of the Study:

The study will comprehensively analyze the legal frameworks governing privacy in the digital
realm within the context of India, focusing particularly on online platforms. It will explore
various aspects including data protection laws, regulations, and judicial precedents.
Additionally, the study will delve into ethical considerations surrounding privacy invasion on
online platforms, examining issues such as data exploitation, surveillance, and user consent.
However, the study may face limitations in covering all aspects of privacy invasion within the
digital sphere due to time constraints. Findings from the study may not be directly generalizable
to other jurisdictions or countries with different legal frameworks and cultural contexts.

14
9. Tentative Chapterisation:
The proposed chapterisation of the study is as follows:
Chapter 1: Introduction
1.1 Background
1.2 Statement of Problem
1.3 Purpose of Study and Research Questions
1.4 Scope of Study
1.5 Methodology
1.6 Conclusion

Chapter 2: Historical Evolution of the ‘right to privacy’

2.1 History
2.1.1 Informational Privacy
2.1.2 The Constitutional ‘right to privacy’
2.1.3 Reductionism vs. Coherentism
2.2 Critiques of Privacy
2.2.1 Thomson’s Reductionism
2.2.2 Posner’s Economic Critique
2.2.3 Bork’s View
2.2.4 The Feminist Critique of Privacy
2.3 Views on the Meaning and Value of Privacy
2.3.1 Privacy and Control over Information
2.3.2 Privacy and Human Dignity
2.3.3 Privacy and Intimacy
2.3.4 Privacy and Social Relationships
2.3.5 Privacy and Restricted Access
2.3.6 The Scope of Privacy
2.3.7 Is Privacy Relative?
2.4 Privacy and Technology
2.4.1 The Social dimension of Privacy
2.4.2 Privacy and Conflicts with Other Values
2.5 Conclusion

Chapter 3: Statutory protection to ‘right to privacy’

A. Protection Under Indian Laws
3.1 Privacy under Law of Torts
3.1.1 Privacy Torts under Indian Law
3.1.2 Privacy and Defamation
i Meaning of Defamation
ii Distinguishing Defamation from other Concepts
iii Press and Libel Laws

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 iv Defamation under Indian Law of Torts
v Defamation under Common Law
 Newspaper Libel
 Slander
 Defences
 Remedy for Defamation
3.1.3 Breach of Confidentiality and Privacy
3.1.4 ‘right to privacy’ as a Customary Right
3.1.5 Intentional Infliction of Emotional Distress
3.1.6 Privacy and Nuisance
3.2 Protection of Privacy under Criminal Law
3.2.1 Criminal Libel/Defamation
3.2.2 Right to Private Defence and Privacy
3.2.3 Sexual Offences and Privacy
 Rape
 Sexual Harassment
 Trafficking
 Statutory and Procedural safeguards to Victim of Sexual
Offences
 Indecent Representation and Privacy
 Indecent Representation of Women (Prohibition) Act 1986
3.2.4 Arrest and Detention and Privacy
3.2.5 Search and Seizure and Privacy Protection
3.2.6 Consequences of non-compliance with the provision relating to
searches
3.2.7 Cyber Breach of Privacy
 3.2.7.1 Cyber Obscenity
 ‘right to privacy’ and Information Technology Law
 Industry Initiative
 Extra Territorial Application
3.3 Intellectual Property Rights and Privacy
3.4 Privacy under Contract Law
3.5 ‘right to privacy’ and Privileged Communication
3.6 Aadhaar (Targeted Delivery Of Financial And Other Subsidies, Benefits And
Services) Act 2016
3.7 ‘Data Privacy’ Under The Information Technology Act, 2000 and Information
Technology Rules
3.8 The Information Technology Act, 2000
3.9 Information Technology Rules, 2011
3.10 Justice B.N. Srikrishna Report 2018
3.11 The Personal Data Protection Bill, 2019
3.12 Digital Personal Data Protection Act, 2023
3.13 The Right To Information Act, 2005

16
 B. Protection Under USA Laws
3.14 The Privacy Act, 1974
3.15 Electronic Communications Privacy Act,1986 (ECPA 1986)
3.16 Children’s Online Privacy Protection Act, 2000 (COPPA 2000)
3.17 Video Privacy Protection Act (VPPA)
3.18 Sarbanes Oxley Act (SOX)
3.19 Gramm -Leach Billy Act (GLBA)
3.20 USA Patriot Act
3.21 Organisations Related to Data Protection Laws In USA

C. Protection Under European Laws

3.22 The General Data Protection Regulation (GDPR)

Chapter 4: Role of Media vis-à-vis ‘right to privacy’ in India

4.1 Meaning of Media
4.2 Meaning of the Press
4.3 Meaning of a Newspaper
4.4 Importance of Freedom of Press
4.4.1 Justifications for Freedom of Press
(a) Printed matter records the ideas in a permanent form
(b) Newspaper or book has a larger circulation than spoken words
(c) Freedom of the Press is nothing but the freedom of expression of every
citizen
(d) Press recognized as an institutional limb of modern democracy
(e) Freedom of discussion is essential to enlighten public opinion
(f) Freedom to discuss public issues
(g) Freedom of press and free and fair elections
(h) Ultimate good in a free society can be reached only by a discovery of
truth
(i) Free Trade in Ideas
(j) Public criticism is essential to the working of democracy
4.4.2 Contents of Freedom of the Press
4.4.3 Need for Limitation on Freedom of Press
4.5 ‘right to privacy’ and Media
4.5.1 Privacy vis-à-vis Media Freedom under Common Law
 Intrusion
 Eavesdropping
 False light
 Celebrities’ Right to Likeliness
4.5.2 Public Records are not covered under Privacy Protection
 New York Times Rule

17
 4.5.3 Indian Law on Libel
 Rules in Auto Shankar Case
4.6 Media Trial and Liberty of Individuals
4.7.1 Media Trial and Administration of Justice
4.7.2 Judicial Response to Media Trial
4.7.3 Contempt of Court Act, 1971
4.7 Mumbai Terror Attack Case and Freedom of Media
4.8 Sting Operation: The New Facet of Journalism
4.9.1 Threats to Privacy by Sting Operations
4.9.2 The Ethics of the Sting Operation
4.9 Regulation of Freedom of Press
4.10.1 Reasonable Restrictions on freedom of Press
4.10.2 Press Council of India
4.10.3 Norms of Journalistic Conduct
 ‘right to privacy’
 Caution against Identification
 Privacy of Public Figures
 Recording Interviews and Phone Conversation
 Newspaper to Eschew Suggestive Guilt
4.10.4 Code of Ethics and Broadcasting Standards
1.11 Conclusion

Chapter 5: Legal concerns and issues regarding the protection of privacy rights
5.1 Introduction
5.2 Social Networking Platforms
5.3 Issues and Challenges in reference to protecting privacy on Social Networking
Platforms
5.3.1 Information Technology Act, 2000
5.3.2 Informational Technology Rules, 2021
5.3.3 Digital Personal Data Protection Bill, 2022
5.4 Conclusion

Chapter 6: Conclusion and Suggestions

18
10. Proposed Month-wise plan of work and targets to be achieved:

S.No. Proposed Work Tentative Date

1. Thesis Proposal Defense October, 2023

2. Extended Literature Review November, 2023

3. Identify Stakeholders and December, 2023

collect Empirical Data
4. Approval of Title May, 2024

4. Progress Seminar October, 2024

5. Progress Seminar Mar, 2025

6. Pre Ph.D. Seminar September 2025

7. Thesis Submission December, 2025

19
11. Bibliography:
The references will include a list of all the sources cited in the proposal, including legal
documents, academic literature, media reports, and online sources. The references will follow
the citation style recommended by the research supervisor.
 Professor S.R., Bhansali, Constitutional Law of India, 465 (Universal Law Publishing
Company Pvt. Ltd., Delhi 2nd ed. 2014)
 Rutvi Zamre, From streets to tweets: Surveying the impact of online activism, ORF
(Sept. 8, 2020), https://www.orfonline.org/expert-speak/streets-tweets-surveying-
impact-online-activism/ .(Last visited 21 April, 2023)
 Shoaib Daniyal, Why is the Indian Government at War with Twitter, Scroll.in (Jul. 8,
2021),https://scroll.in/article/999171/why-is-the-government-of-india-at-war-with-
twitter (Last visited 18 March, 2023)
 Chandrima Banerjee, How social media gets away with spreading lies, Times of India
(May 5, 2022), https://timesofindia.indiatimes.com/india/how-social-media-is-getting-
away-withdisinformation/articleshow/91318044.cms (Last visited on 12 March, 2023)
 The Information Technology (Intermediary Guidelines and Digital Media Ethics Code)
Rules, 2021, G.S.R.139(E), 2(1) (w).
 The Information Technology (Intermediary Guidelines and Digital Media Ethics Code)
Rules, 2021, G.S.R. 139(E)
 Maya Mirchandani, Digital hatred, real violence: Majoritarian radicalisation and social
media in India, ORF (2018), https://www.orfonline.org/wp-
content/uploads/2018/08/ORF_OccasionalPaper_167_DigitalHatred.pdf, (last visited
Oct. 30, 2022).
 Jack Balkin, How to Regulate (And Not Regulate) Social Media, 1 Journal of Free
Speech Law 71 (2021).
 Sarah Myers West, Raging Against the Machine: Network Gatekeeping and Collective
Action on Social Media Platforms, 5(3) Media and Communication 28, 28 (2017).
 Rebecca Mackinnon, Consent Of The Networked: The Worldwide Struggle For
Internet Freedom (New York, Basic Books, 2012).
 Kai Reimer and Sandra Peter, Algorithmic audiencing: Why We Need to Rethink Free
Speech on Social Media, 00(0) Journal of Information Technology 1 (2021).
 Amber Sinha, The Networked Public, How Social Media Is Changing Democracy, 174
(Rupa Publications, 2019)

20
 Pritika Rai Advani, Intermediary Liability in India, EPW (Dec 14, 2013),
https://www.jstor.org/stable/24479053 .
 Rishabh Dara, Intermediary Liability in India: Chilling Effects on Free Expression on
the Internet, Centre for Internet and Society, (Apr. 27, 2012), https://cis-
india.org/internet-governance/chilling-effects-on-freeexpression-on-internet
 Torsha Sarkar & Gurshabad Grover, Content Takedown and Users Rights, Centre for
Internet and Society (Feb 14, 2020), https://cis-india.org/internet-
governance/blog/content-takedown-and-users-rights-1 .
 Daniyal, supra note 6; Soumyarendra Barik, Facebook may Proactively Censor Content
to protect Itself from Legal or Regulatory Actions, Medianama (Sept 2, 2020),
https://www.medianama.com/2020/09/223-facebookcensor- content-avoid-legal-
regulatory-challenge/.
 Madhavi Goradia Divan, Facets of Media Law, 7 (2nd Ed. Eastern Book Company,
2018).

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 The Report is Generated by DrillBit Plagiarism Detection Software

Submission Information

Author Name Anushmi Jain

Title PRIVACY INVASION IN THE DIGITAL SPHERE
Paper/Submission ID 1838288
Submitted by [email protected]
Submission Date 2024-05-20 12:52:44
Total Pages, Total Words 24, 6379
Document type Synopsis

Result Information

Similarity 10 %
1 10 20 30 40 50 60 70 80 90

Sources Type Report Content

Internet
Words <
0.85% Quotes
14,
3.2%
3.18%

Journal/
Publicatio Ref/Bib
n 9.15% 6.1%

Exclude Information Database Selection

Quotes Excluded Language English

References/Bibliography Excluded Student Papers Yes
Source: Excluded < 14 Words Excluded Journals & publishers Yes
Excluded Source 0% Internet or Web Yes
Excluded Phrases Not Excluded Institution Repository Yes

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