CHAPTER – I

INTRODUCTION

The word "privacy" has a Latin root called "privatus," which means "separated from
others, deprived of something, office, or participation in governance." The objective of Article
21 of our Indian Constitution is to ensure that everyone lives in peace, dignity and freedom, and
privacy is the best way to do this. Data Security and Data Protection, which are crucial
components in terms of privacy as your internet activity grows, are a national issue as well as a
national right to ensure as our country moves gradually towards digitalization1and into what is
not incorrectly referred to as a "Cyber Era." Moreover, data protection and privacy are closely
interwoven, and they currently occupy a highly important and delicate area in the legal system.

Data privacy and confidentiality concerns are receiving more attention than ever before
because of the growing use of the internet, which exposes sensitive personal data to new security
dangers. The rapid processing of large data sets, made possible by the availability of "big data
"technologies2, accelerates the immense data collection. However, combining different databases
could make it possible for those who own these datasets to extract sensitive information. This
issue is made worse by the pervasive data collection from many devices and data sources, like
computers and Smartphone’s.

The inherent risk poses a significant difficulty in this context, especially data misused by
people with access to data for organizational purposes and thus the requisite authorizations to
access sensitive or private data. However, data security goes further in data privacy and
confidentiality3. Data integrity is important because it is frequently used for important decision-

1
Yashraj Bais , Privacy and Data Protection in India: An Analysis, 4 (5) IJLMH Page 1793 - 1804 (2021), DOI:
https://doij.org/10.10000/IJLMH.112146
2
Jain.P.Gyanchandani, M& Khare, N.Big Data Privacy: A Technical prespectiveand Review. J Big
Data3,25(2016), hppt://doi.org/10.1186/s40537-016-0059-y
3
Christopher Kuner, Dan Jerker B. Svantesson, Fred H. Cate, Orla Lynskey, Christopher Millard, The rise of
cyber security and its impact on data protection, International Data Privacy Law, Volume 7, Issue 2, May
2017, Pages 73–75, https://doi.org/10.1093/idpl/ipx009
making4. Data must be protected from illegal access. Strategies for contented authentication
mechanisms are vital to achieving data security and privacy5. The terms "privacy" and "rights"
have been defined differently by different researchers.

The definition of privacy given by Black's Law Dictionary is the "right to be left alone;
right of a person to be free from unwarranted publicity; and right to exist without unwarranted
intervention by the public in things with which the public is not necessarily concerned."

Privacy is unquestionably an inherent right; it offers several advantages while also

leading to exceptions. The line between privacy and confidentiality is one that we resist
breaching. Consequently, it is simple to conclude that everyone has established personal privacy
boundaries for the tasks they face throughout their sphere of life.

The right to privacy is now generally acknowledged to be a crucial component of Article

21 right to life and personal liberty. According to a broad interpretation, the right to life
guaranteed by Article 21 encompasses more than only animal existence and the need for
survival. The right to privacy is just one of the elements that enhance a man's sense of purpose,
fulfillment, and worth living. The freedom to be alone is the right to privacy. A citizen has a right
to safeguard the privacy of their personal life, family, marriage, procreation, motherhood, and
education, among other things.

According to D.D. Basu, “The term privacy is too broad, and it encompasses not only
seclusion from neighbors. It can be considered as a circle around every person that no
government should be allowed to cross.”6

As the definitions show, there is disagreement among academics and legal experts over what
constitutes privacy. The concept of the right to privacy, however, can be summed up as follows:
1. Every person has a fundamental desire for a private area where he may be confident of
being free from outside intrusion.

4
MohdSatar, Siti &Hussin, Masnida&Zurina, MohdHanapi& Mohamed, Mohamad A. (2018). Data Privacy and
Integrity Issues Scheme in Cloud Computing: A Survey. International Journal of Engineering and
Technology(UAE). 7. 102-105. 10.14419/ijet.v7i3.28.20978.
5
I, Indu& Anand, Rubesh& Bhaskar, Vidhyacharan. (2018). Identity and access management in cloud
environment: Mechanisms and challenges. 21. 574-588. 10.1016/j.jestch.2018.05.010.
6
Basu D.D, “Commentary on the Constitution of India”4772 (LexisNexis, India, 59thedn., 2015
 2. Different cultures, traditions, civilizations, and nations have different ideas about
privacy.
3. Indian intellectuals and western thinkers define privacy differently, with western
thinkers viewing the right to privacy as a collection of rights. Indian academics,
however, feel that privacy is a singular term that primarily refers to exclusion.
Origin and Historical Evolution of Concept of Privacy
Despite being as old as humanity, privacy did not become a commonly acknowledged right
until the 20th century. The innumerable religious and political literature that has been created
around the world makes this evident. For instance, in India, the Arthashastra specifies
architectural rules for homes based on the requirement for seclusion. These rules specify that a
person's residence must be built far enough away from neighboring houses. He should also make
sure the windows and doors are protected.
The Yajnavalkya, Samhita, and Manusmriti's prohibition of using someone else's property
without their agreement is another illustration of the value ancient people placed on one's right
to privacy in one's space and possessions. Additionally, when the Arthashastra recommended
designating forest places for meditation leading to self-actualization, it provided freedom of
mind. The Hammurabi Code of ancient Mesopotamia prohibited trespassing into someone's
home without authorization. Roman law also prohibited entering another person's residence.
However, privacy was defined quite specifically in those prehistoric times. Even research on
animal behavior and social structure raise the possibility that man's quest for seclusion has
animal roots.7
In Modern Era Development of Concept of Privacy
Depending on the political structure in place in each nation, modern societies have
different ideas about privacy. The political system has a significant impact on how the State
conducts its surveillance and privacy programmes. From democracies to totalitarian states,
modern nations can be grouped along a continuum. A study of privacy across the many cultures
on this continuum reveals how political systems decide what constitutes private.
In nations that tend toward totalitarian systems, the government conducts extensive
monitoring. As observed in China and Russia, the government is likewise exceedingly secretive
about its internal operations. These States reject the individualism thesis and always put the

7
Alan F. Westin, Privacy and Freedom 8 (Atheneum Publication, New York, 1970).
needs of the state above those of the person. So, in these countries, espionage, eavesdropping,
and the collecting of private information about persons have become commonplace.8
Democratic States rely on individualistic ideology, in contrast to those whose
inclinations are more toward the totalitarian end of the spectrum. Individual rights typically take
precedence over those of the state. Since individual rights are given precedence in democracies,
privacy rights have developed into a basic human right in modern cultures. So, whereas
disclosure and monitoring for the sake of State objectives are unavoidable under totalitarian
regimes, individual and group privacy is a must for contemporary democratic States.
The idea that freedom and chance will improve people's lives is the foundation of liberal
democratic states.9In these States, privacy, and freedom are synonymous. They want to provide
their residents the right to privacy in their physical, psychological, religious, social, and moral
lives. Finding a reasonable balance between the two rights is ongoing necessary because of the
nature of privacy and its restriction of the right to freedom of speech and expression in modern
democracies.10 Because of this, the right to privacy is not immune from reasonable restrictions
in today's democratic States that serve the interests of the State rather than those of the person.
Legal Development of Right to Privacy: Indian Position
According to property laws and the Indian Penal Code, Indian people have this protected
right to privacy. Like the British legal system, these rules safeguarded a person's right to their
person and their right to their property through trespass and defamation provisions, respectively.
Each one of these cases relates to the concept of privacy regarding a person's possessions,
specifically his home. The right to privacy was widely acknowledged in India before it was first
mentioned in the United States of America in 1890, according to a large body of evidence.
This concept first occurs in court rulings from before the courts gained independence.
These decisions were made by the judges of the British India Courts and the Sardar Diwani
Adalats.The issue of privacy first showed up in North-Western Province's ruling in Nuth Mullin
1855.11 On appeal from the principal Sadar Amin of Delhi's ruling, Begbie, Smith, and Jackson

8
Margaret Mead and Elena Calas, “Child-training Ideas in a post-revolutionary context: Soviet Russia”, in
Margaret Mead and Martha Wolfenstein (eds.), Childhood in contemporary Cultures, 179, 190-191
(University of Chicago Press, Chicago, 1955)
9
Hannah Arendt, The Human Condition (Doubleday Anchor Books, New York, 1959
10
Morroe Berger and Theodore Abel, et.al., Freedom and Control in Modern Society 190 (D. Van
NostrandCompany,NewYork,1954),availableat:https://archive.org/stream/ in.ernet. dli .2015 .498862 /
2015.498862.Freedom-and_djvu.txt (last visited on Dec. 19, 2020)
11
Nuth Mull v/s Zuka-Oolah Beg Sr.D.A.N.W.P.R.1855, P.92
JJ determined that the plaintiff had a claim against the defendants in this case because the
defendant had built a new house that overlooked the plaintiff's property from its roof, infringing
on their right to privacy. Chief Justice Edge addressed this issue in Gokal Prasad(1888)12, where
the court noted that it was impossible to assess whether there was a tradition of privacy in this
region of India because records were destroyed during the revolt of 1857.
It has never been established or contested before 1855, and because of this, as well as the
lack of information on the subject in the report of the Nuth Mull and KureemOolah Beg case, it
is difficult to determine whether the judges of the Sadar Diwani Adalat of the North-Western
Provinces followed the law as it was discovered to be in effect at the time or made their decisions
based on the evidence available.
C.J. Edge mentioned a variety of privacy cases in the Gokal Prasad case.In Gunga Prasad
(1862)13, Ross and Roberts, JJ, did not raise any doubts about the existence of a right to privacy.
In the Goor Das v. Banaras (1867)14 and Ram Baksh v. Moradabad case (1867)15, Morgan C.J.
and Spankie J. explicitly acknowledged the validity of a right to privacy.
In the 1886 case of Straight and Mahmood, JJ., considered whether a residence in
Allahabad may have a right to privacy. Prof. Winfield16 had to rely on Indian precedents in 1931
to convince the House of Commons to grant British citizens the right to privacy. This right was
granted under trespassing and defamation clauses. Consequently, the focus was solely on
proprietary rights. Given that the government was ruled by the British at the time, it was against
its interests to fully recognize the right to privacy. The Indian government adopted British
policies after independence; hence the right to privacy was not protected by Indian law.

Constituent Assembly Response: Right to privacy

The "Right to Privacy" was considered one of the fundamental rights when the Indian
Constitution was being written. As stated by Mr. R. K. Sidhwa, a member of the Fundamental
Right Committee, "The Constituent Committee also recommended that privacy of
correspondence is protected and that there should be no interception of letters, telegrams, and

12
Gokal Prasad v.Radho ILR Allahabad (10), 358 (1888), p. 384.
13
Gunga Prasad v. Salik Prasad S.D.A.N.W.P. Rep. 1862 Vol. II, 217
14
Goor Das v. Manohar Das N.W.P.H.C. Rep. 1867, 269
15
Ram Baksh v. Ram Sookh N.W.P.H.C. Rep. 1867, 269
16
Percy H. Winfield, “Privacy” 47, L.Q.R. 29-30 (1931
telephones, but the Main Committee eliminated it 17.Distinguished members of the Fundamental
Rights Sub-Committee, such as K.M. Munshi, had proposed:“Every individual is entitled to the
following rights: a) the right to be informed within 24 hours of his deprivation of liberty by what
authority and on what grounds he is so deprived; b) the right to the inviolability of his home; c)
the right to the confidentiality of his correspondence; and d) the right to maintain his person
secure by Union law from exploitation in any manner incompatible with the law or public
morality.”18
"The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures shall not be violated," said Dr. B.R. Ambedkar. "No warrants
shall issue except upon probable cause, supported by oath or affirmation, and specifically
describing the place to be searched and the persons or things to be seized."19. But these rights
were immediately met with ferocious hostility. Alladi Krishnaswami Ayyar opposed it
because, under the secrecy of correspondence, every private letter would become a state paper or
record about State business.
The Constitutional right to privacy was opposed by B. N. Rau himself because he
believed that "if there is no search without a court's order, it may adversely undermine the
powers of investigation of the police."A police officer examines the area after learning of the
theft and then has an opportunity to recover the stolen goods20. However, given the distance and
lack of transportation in the interior of India, the wait involved in applying for a court's warrant
and providing all relevant information could be fatal. His major argument against it was that
granting such a right would make it challenging to administer justice in a nation the size of India.
The Constitution did not, however, eventually, incorporate it.
Constitutional Response: Right to Privacy
The Right to Privacy as such is not expressly protected by the Indian Constitution. A list
of Fundamental Rights does not include the right to privacy. Courts have, however, frequently
discussed the various facets of the right to privacy and upheld this right under the fundamental
right protected by Article 21 of the Constitution, or the right to life, as well as under several other
Constitutional provisions read in conjunction with the Directive Principles of the State Policy. In

17
‘Constituent Assembly of India Debates (Proceedings)-Vol. III’, 29 April 1947,available at https://
164.100.47.194/Loksabha/Debates/Cadebatefiles/C29041947.html (Last visited on Oct. 14, 2020)
18
Rao, B. Shiva, (ed.),The Framing of India’s Constitution,(ULP,Agra,2015)
19
Rao, B. Shiva, (ed.),The Framing of India’s Constitution,(ULP,Agra,2015
20
Rao, B. Shiva, (ed.),The Framing of India’s Constitution,(ULP,Agra,2015)
 Kharak Singh (1963)21, where the Police Regulations in UP were contested, the Supreme Court
of the United States upheld the first Prosser tort—interference with a person's privacy. The
petitioner was detained for dacoity but was later freed because there was no proof against him.
His history sheet was uncovered by the police, and he was placed under observation. According
to Police Regulation UP Regulation 236: "Domiciliary visits at night, covert picketing of
suspects' homes or approaches to their homes, etc."Regulation 236 of Chapter XX of the UP
Police Regulation was contested by the petitioner. Many judges upheld the validity of the rule.
Subba Rao and Shah JJ concluded in a minority opinion that, among other forms of surveillance,
home visitation surveillance violated the subject's Article 21 right to privacy. As a result, it was
recognized for the first time that the Right to Privacy might be inferred from other fundamental
rights.
The Supreme Court conducted a more thorough analysis of the right to privacy in Gobind
(1975)22. The constitutionality of a regulation that called for surveillance using several of the
means listed in the said regulation was taken into consideration. The rule was maintained by the
court. The regulation was declared to be a "process established by law" and as such, it is not in
violation of Art. 21. The Court had acknowledged the restricted scope of Art. 19(1)(a), (d), and
21's provisional right to privacy. Additionally, it was determined that this privilege is not
unaffected by reasonable limitations that are mention in Art. 19(5) of the Constitution.
The right to privacy was once again recognized by the Indian legal system with the
Supreme Court's Gobind ruling. Pooranmal (1974)21, the Court ruled that because there is no
explicit basic right to privacy, the evidence obtained through illegal search cannot be dismissed
on the basis that it violates privacy. This ruling reduced peoples' protections against unauthorized
searches and evidence seizures. Additionally, the Right to Privacy was also rejected. In the case
of V.S. Kuttan Pillai (1980)23, the Supreme Court ruled that even if a search did not provide any
results due to competing governmental interests, it would still not constitute an invasion of
privacy.
The Supreme Court stated in R. Rajgopal (1994)24 that the right to privacy has just
attained constitutional stature and is implied in the right to life and liberty that all people are

21
Kharak Sing v/s /State of Uttar Pradesh AIR 1963 SC 1295
22
Gobind v/s State of Madhya Pradesh AIR 1975 SC 1378
23
V.S. Kuttan Pillai v. Ramkrishnan AIR 1980 SC 185
24
R. Rajgopal v/s State of Tamilnadu AIR 1994 SCC 632
guaranteed by Article 21. The right to privacy is recognized."The right to protect one's own,
family, marriage, procreation, motherhood, childbearing, and education, among other topics,"
states the constitution. The two fundamental freedoms of speech and expression and the right to
privacy, which can occasionally be at odds with one another, were reconciled by the court. The
Court made several other arguments and concluded that the right to privacy is implied in the
rights to life and liberty that are guaranteed to Americans under Article 21.
The tapping of the telephone, which dealt with the revelation of information, is another
way that privacy is violated through intrusion and invasion. The Supreme Court ruled in R. M.
Malkani (1973)25 that the courts would protect an innocent person's telephone conversation from
improper or obnoxious intrusion by the police who were listening in on the call. Although it had
nothing to do with the right to privacy, protection was provided.
The Supreme Court gave the issue of whether intercepting telephone conversations is a
constitutional further thought in People's Union for Civil Liberties (PUCL) (1997)26. The right to
privacy is a component of the rights to "life" and "personal liberty," which are guaranteed by
Article 21 of the constitution, the court ruled in the current case. When each case's facts support
a right to privacy, Article 21 is invoked, and this right cannot be restricted "unless by the
procedure prescribed by law." The specific facts of the case would determine whether the right to
privacy can be asserted or has been violated. Further rulings from the Court have stated that
"telephone talk is an integral aspect of man's private life." A "right to privacy" can undoubtedly
be used to defend the ability to speak on the phone in complete privacy at home or work. This
means that unless it is authorized by the legal process set forth by the law, telephone tapping
would violate Article 21. It is required that the process be "just, fair, and reasonable."
According to Section 5(2) of the Telegraph Act of 1885, telephone tapping is legal in
India. This part is constitutionally valid, according to the Court. The conditions and justifications
for when an order for telephone tapping may be passed are outlined in this section. According to
the Court, telephones may be tapped for the reasons listed in Article 19(2) of the Indian
Constitution27. In recent years, courts have defended the right to privacy in situations where
personal information is disclosed. The Court frequently hears and renders judgments on claims
of unauthorized disclosure that violate the right to privacy.

25
R.M.Malkani v/s State of Maharashtra AIR 1973SC 157
26
People’s Union for Civil Liberties v/s Union of India AIR 1997 SC 568
27
PUCL v. Union of India (1997) 1 SCC 301
 The court noted that a right to privacy claim can only be made against state
instrumentalities in the case of Indu Jain28 (High Court of Delhi, 12th October 2007), a suit for
an injunction order to stop the defendants from publishing the Plaintiff's name in the Forbes list
of Indian billionaires on the grounds of a breach of the right to privacy. However, it hinted in
further paragraphs of the order that even though there is no statute granting a right to privacy, the
guidelines provide for the protection. However, the court in this instance determined that
renowned people's right to privacy is limited because the public enjoys learning about them and
because journalists have the right to publish their names.
However, the court did not hesitate to rule against the right to privacy when disclosing the
material required to defend another person's basic rights or the general welfare of the public.
The Supreme Court held in Mr. X (1999)29 that the "right to privacy has been culled out of the
provisions of Article 21 and other provisions of the Constitution relating to Fundamental Rights
read with the Directive Principles of State Policy." The court rejected the appellant's arguments,
but it did state that the right to privacy has been taken from those provisions. However, the right
is not unassailable and may be legally limited. The right that would advance public morality or
the public interest would alone be enforced through the court process in cases where there is a
conflict between two fundamental rights, as in this case, the right to privacy of one party as part
of the right to life and the right to lead a healthy life of another party, both of which are
fundamental rights under Article 21. This is because moral consideration cannot be
suppressed”30.
In Sharda (2003)31, it was decided that it is not a violation of a person's right to privacy
when a divorce procedure orders a medical examination because it is necessary to prove a claim.
The Supreme Court ruled that Article 21 of the Constitution's prohibition on the invasion of
personal privacy does not apply in all cases. In the event of a conflict between two parties'
fundamental rights, the right that promotes public morality would take precedence. In this
instance, it allowed for the imperative of public policy to take precedence over private interests.
As if the right to privacy were recognized in India today in a very limited sense by the court.

28
Indu Jain v. Forbes Incorporated, IA 12993/2006 in CS(OS) 2172/2006)
29
Mr. X v. Hospital Z AIR 1999 SC 495, (1998) 8 SCC 296
30
Mr. X v. Hospital Z AIR 1999 SC 495, (1998) 8 SCC 296
31
Sharada v. Dharampal,(2003) 4 SCC 493
 By Government Resolution dated 22/02/200032, the Government created a National
Commission to Review the Workings of the Constitution. The goal was to suggest any necessary
amendments to the Constitution's clauses without altering the fundamental framework or aspects
of the document33.Regarding the right to privacy, the Commission had suggested inserting a new
article called 21-B on the following line, "Art. 21-B," since the Supreme Court had ruled that the
right to privacy is contained in Article 21. (1) Everyone has the right to respect their
correspondence, homes, families, and private lives. (2) Nothing in clause (1) shall preclude the
State from enacting laws that place reasonable limitations on the exercise of the right granted by
clause (1), in the interest of the State's security, public safety, or for the prevention of disorder or
crime, or the protection of health or morals, or for protection of other people's rights and
freedoms.
Cyberspace is a web (virtual space) made up of communication networks, consumer
devices, and computers that connect people to the rest of the world. Cyberspace typically
consists of a massive computer network made up of numerous global computer sub-networks
that communicate and exchange data using the TCP/IP protocol. Cyberspace is a made-up world
enabled by the Internet's network of interconnected computers. Cyberspace is an electronic realm
that is theoretically unrestricted by physical limits like space or time. Some examples of
cyberspace include Google and Yahoo, as well as any online areas that utilize the Internet, fixed
and mobile communication networks, the World Wide Web, and all widely used social media
and other applications.
Social media is an instrument that makes it easier for people to communicate with one
another and with society at large in ways that newspapers and television simply cannot.
However, since the advent of computers and information technology, particularly that supported
by artificial intelligence, it can be characterized as computer-mediated tools that enable
individuals, businesses, and other organizations to produce, share, or exchange knowledge, ideas,
images and, videos in online communities and networks. Social media includes activities such as
social networking, such as Facebook or LinkedIn, microblogging, such as Twitter, photo and
video sharing, such as Flickr and Picasa, news aggregation, such as Google Reader, social

32
www.legalaffairs.gov.in/ncerwc-report (Last visited on October 17, 2020)
33
www.legalaffairs.gov.in/ncerwc-report (Last visited on October 17, 2020)
gaming, such as World of Warcraft, social search, such as Google, Bing, or Ask.com, and instant
messaging, such as WhatsApp, Google Talk, Skype, or Yahoo! Messenger.
Online service providers are those businesses that offer online services to customers online. For
instance, e-transactions, medical data, social sites, Wikipedia, news sources (press),
entertainment sources (music, movies), email providers, etc.
Personal data: Any fact that relates to a recognizable living person is referred to as personal
data. Or any fact that can be used in conjunction with others to identify a specific person. As an
illustration, consider the following: a person's name, signature, photograph, email address,
identification card number, financial information, medical history, biological information, etc.
Any fact relating to a named individual is considered personal data under GDPR (data subject).
Data Privacy: An individual's right to data privacy is the ability to manage their personal
information. One has the right to control how their data is gathered, shared, and used. It is a
component of the right to privacy, and given the complexity of technology, it must be
safeguarded. Data privacy is concerned with a person's expectation of privacy as well as the
proper treatment of data. The security of personal data from arbitrary actions is necessary for
the current technological era. Data privacy put simply, establishes who has permission to access
the data and for what purposes. The use and governance of personal data are the main areas of
data privacy.
Cloud Service The technique of providing different information technology services on demand
using web tools and applications is referred to as cloud service. They use the services offered by
cloud providers instead of buying them, such as data storage, servers, databases, networking, and
software, and they pay for what they use and when they use them34. Because it enables
businesses to avoid or reduce the expense and complexity associated with owning and managing
their own IT infrastructure. Large data centers are integrated inside computers to meet the ever-
increasing load because of the rise in e-commerce and personal transactions. These data centers
combine more servers while providing infrastructures like networking and storage. The privacy,
security, and confidentiality of data kept or processed by cloud service providers are now subject
to several concerns.
Artificial intelligence Technology known as artificial intelligence (AI) enhances a machine's
capacity to carry out jobs that humans do. The many new technologies have greatly benefited

34
https://aws.amazon.com/what-is-cloud-computing/? (Last visited on February 20, 2021)
artificial intelligence. Devices like machines, Smartphone’s, and other tools help. The machine
can do any work thanks to the numerous pieces of data that are provided to it as input. As a
result, it would be more correct to define artificial learning as the creation of a body of
information or a set of techniques by machines that incorporate human intellect.
Cyber security is the practice of guarding against malicious entry into computers, servers,
networks, mobile devices, electronic systems, and data. Cyber laws are created to ensure that
people do not misuse cyber technology and to stop anyone from violating the rights of others
online. A special set of cyber laws was developed by the government to provide users with cyber
security and to track down and prevent any immoral or illegal human behavior in cyberspace.
Any sort of cyber rights infringement is considered a cyberspace infraction and is prosecuted
under these rules.
Intrusion in Right to Privacy: Technology makes it more difficult for the government and
judiciary to control men's inappropriate behavior. Normative, social, and legal conceptions have
been upended as a result of science and technology's expansion of bounds. Without computer
transactions, modern existence is inconceivable and unfinished. However, these computer
interfaces frequently intrude into a person's personal space. By revealing a person's personal
information, they impair both their personal and public lives. This intrusion also puts the person's
privacy in peril.

Computers assist transactions in a variety of methods, which also leads to an increase in

attacks on the confidentiality, security, and privacy of the data contained in communications sent
through computers. When a third party with bad intentions uses information technology, the
security and confidentiality of the provided information are jeopardized35.
Three key and crucial components make up a person's much-needed space. Territorial
privacy is first on the list. A person desires his or her territory—their land—unencumbered by
any outsiders, whether they are other people or nations. The second consideration relates to the
person's independence in making decisions. This is known as "decisional privacy."This decision
concerns boundaries he has set for himself and his family rather than the borders of the area. The
protection of personal information is the third aspect of privacy. The information on a person
who requests it may not be shared, processed, or used by anyone else or by any entity without

35
Lillian Edwards & Charlotte Waelde (Eds.), “Law and the Internet: Regulating Cyberspace”49 The University
of Toronto law Journal,p.210, Hart Publishing, Oxford, (1997)
that person's knowledge or consent. Even the choice to let people access his personal information
is something he wants to oversee. Some offenses that cause a breach of privacy in one or more
elements include:
Cyberstalking36- "It is a technology-based attack on one person who has been expressly targeted
for such an attack out of retaliation, rage, or control. The victim may be subjected to harassment,
ridicule, and humiliation, as well as the emptying of his financial accounts, harassment of his
family, friends, and employers to isolate the victim, the use of scare tactics to instill fear, and
other behaviors. This list is not complete and could grow.
Crimes like stalking, in which a person regularly or continuously engages in harassing or
threatening actions toward another person through information technology. The victim
experiences ongoing harassment and feels panicked, frightened, intimidated, threatened,
tormented, or molested—and with good reason. Cyber stalking typically leaves no physical harm
or wounds in its wake.
The victim and the stalker typically do not need to reside in the same area to commit
cyberstalking. Even third parties can be encouraged to harass and/or threaten a victim by
pretending to be the victim and posting inflammatory statements on message boards and in chat
rooms, which prompts readers to threaten the victim directly. The publication of a person's
personal information poses a threat to his or her privacy. This can be accomplished by
committing numerous violations. Some of them include:
Hacking- It refers to using the internet to illegitimately access computers. Such attacks result in
the theft or harm of computer-stored data. There are different types of "hackers." The people are
known as "code hackers" are experts in computers and can do whatever they want with them.
Computer "crackers" breach and get around any computer system. Cryptography is a specialty of
"Cyber Punks." Hacking is a threat that has grown so out of control that even the biggest
businesses struggle to handle it. While the hacker may not have done anything wrong at the time,
he copied the data they had access to and uses it later.
A packet sniffer is a software program that uses a network adapter card in promiscuous mode to
capture all network packets delivered across a local area network. This mode causes the network
adapter card to transfer all packets received on the physical network wire to the application for

36
Alexis, Moore A, “What is cyber stalking?” http//www.womenissues.about.com /od/ violence againstwomen
/a/CyperPersonlln.html (Last visited on September 17, 2020)
processing. Nowadays, there are numerous shareware and freeware packet sniffers accessible.
These packet sniffers give users access to important and private data like account names and
passwords. Many individuals use the same password to log into all their accounts and
applications. Applying a single password makes it simple for network sniffers to log into the
accounts and collect sensitive data.
Spoofing Attack- IP (Internet Protocol) -The act of passing off a message as coming from a
reputable, well-known source is known as a spoofing attack.37” It happens when an attacker from
outside the network impersonates a trusted machine by utilizing either an IP address that falls
within the network's allowed IP address range or, an authorized external IP address that you trust
and to which you want to grant access to certain network resources. A client-server application
or peer-to-peer network connection can only be attacked using this form of attack if data or
commands are injected into the existing data stream being sent between the two. He can receive
any information that is sent to the original address if he is successful in changing the routing
tables to the fake IP address, and he can respond just like any other trusted user.
Physical access- Theft of laptops is widespread. The computer or any of its parts are open to
theft by anyone. However, stolen data from computers is more valuable and dangerous because it
is stored there.
Identity theft- Anyone who wants to take someone else's identity may steal their personally
identifiable information.38 He then takes control of your finances or engages in criminal activity,
like spamming.
Software piracy- It entails the theft and unlicensed transfer of computer programs, frequently
via the internet. Pirated software frequently performs incorrectly and might be infected with
malware.
Virus - A specific kind of harmful program or code was created to change how a computer
functions and is intended to propagate from one machine to another39. They are computer
programs that could steal information or harm computer software or data. Through the internet or
storage media like USB drives and CD ROMs, they can infect a computer. By attaching to the
host computer or computer software, computer viruses reproduce and create copies of
themselves using the resources of the host machine. The virus itself is also activated or run when

37
www.forcepoint.com/cyber-edu/spoofing (Last visited on August 5, 2020)
38
https://searchsecurity.techtarget.com/definition/identitytheft (Last visited on August 5, 2020)
39
https://us.norton.com/internetsecurity-malware-what-is-a-compter-virus.html (Last visited on August 10, 2020)
an infected file is activated or executed, or when a computer is launched from an infected disc. It
frequently waits to infect the following software that is launched or the following disc that is
accessed in computer memory. They spread from machine to machine and from program to
program on computers.
Most viruses target laptops and desktops. There are numerous varieties of computer
viruses. Some of them include a) File infectors, which contaminate files using games or
spreadsheet programs. When a user launches an infected application, the viral code runs first and
sets up shop on its own in the computer's memory, where it can then replicate itself in other
applications that the user launches later. Once installed, the virus gives back control to the
compromised programs, although the user is ignorant of this. b) Boot-sector viruses: these
malicious programs live in a specific area of a diskette or hard drive that is read into memory and
run during system startup. The program code needed to load the rest of the computer's operating
system often resides in the boot sector. A boot sector virus can infect any diskette that is inserted
into the drive once it has been loaded. Additionally, it damages the hard drive, causing the virus
to load into memory each time the machine is rebooted. Boot viruses have a lot of power. c)
Macro viruses: These viruses infect files that are typically viewed as data rather than
programmes and are not dependent on any particular operating system.
Worms- It is a program that replicates itself as it travels through a network. Worms for
computers can be sent as attachments in unsolicited emails or instant messaging.40
Trojan horses- They are a particular kind of virus that masquerades as useful software, such as a
game or utility41. It can corrupt or steal data after infection. It is a harmful, security-breaking
program that masquerades as something good, such as a game, an archiver, a directory listener,
or even a tool to identify and remove infections. The approach used to get people to open the
Trojan is that it looks like they are getting files or software from trusted sources. Some Trojans
are more bothersome than harmful (like changing your desktop or madly behaving icons). By
erasing files and wiping data on your machine, some cause substantial harm. Trojans are also
known to install a "backdoor" on your computer that allows malicious individuals access,
potentially compromising private or confidential information. Trojans don't multiply by
contaminating other files or by self-replicating, unlike viruses and worms.

40
https://us.norton.com/internetsecurity-what-is-a-computer-worm.html (Last visited on August 10, 2020)
41
www.kaspersky.com/resource-centre/threats/trojens (Last visited on August 10, 2020)
Cookies42- Websites save these tiny files on your computer to store information about you and
your preferences. By allowing sites to remember your preferences or allowing you to skip
signing in each time you visit a certain site, cookies can improve your browsing experience. Due
to the user's computer browsing history, however, this might be utilized to trace the individual.
Cookies can be used to capture personal data, which could then be used improperly.
Spyware Programs43- The term "software designed to acquire data from a computer or other
device and transfer it to a third party without the user's consent or knowledge" can be used to
describe them. This typically includes private data like credit card details, passwords, PINs, and
information used to track online behaviour.
Ransomware- It is a form of malicious software (malware) made to prevent users from
accessing a computer system until they pay a certain amount of money44. It usually spreads as a
Trojan, getting into a system, for example, through a downloaded file or a weakness in network
service. The payload, which is often a piece of scareware software, is then launched by the
program. It shows fictitious alerts from an organization45, such as a law enforcement agency,
under the guise that some illegal acts are taking place there. Some payloads are nothing more
than software intended to lock or restrict the system until payment is received. Strong encryption
is also used to lock the system.
Spam - Threats to a person's personal space, information, and decisional privacy exist in spam
messages. It refers to "unsolicited, typically commercial messages sent to numerous recipients or
placed in a vast number of locations, such as e-mails, text messages, or internet postings46." They
can frequently be encountered when using the internet to access any website. There are three
ways that these threats can harm anyone. One is the invasion of privacy caused by sending spam
or unneeded correspondence. Second, his decisional privacy is also impacted and threatened by
unsolicited communication like commercials for the sale of various consumer goods
A person aspires to make decisions free from outside influence and non-original thought.
However, communications or advertisements about any possibilities might not be as per his
needs but rather impacted by the advertiser's viewpoint. Thirdly, a person's right to informational
privacy is violated when they use communication technology or access the internet. The

42
www.kaspersky.com/resource-centre/definitions/cookies (Last visited on August 10, 2020)
43
www.kaspersky.com/resource-centre/threats/spyware (Last visited on August 15, 2020)
44
www.us.norton.com/internetsecurity-malware-ransomware (Last visited on August 15, 2020)
45
www.wickipedia.org (Last visited on August 15, 2020)
46
https://merriam-webster.com/dictionary/spam (Last visited on August 21, 2020)
businesses that analyze his tastes use his web browsing history in addition to his medical records.
His private information may be used for any other objective than the one for which it was
originally collected. It can sometimes be revealed or exposed in public, which is bad for him. A
person loses control over his or her privacy and personal information in this way. All the issues
are referred to as computer contaminants since they are introduced into computers through
information technology and the internet. They tamper with the computer's data or information.
This intrusion could lead to the loss of important data, which would ultimately lead to the loss of
information and data privacy.
Pornography- Here, "obscene" content is posted online. The presentation of erotic or sexually
explicit material is done overtly. Erotic behavior is portrayed (in photos or videos) to arouse the
desire for sexual activity47. The topic is the arousal of the sexual organs. Many cultures refer to
sexual content as "obscene." Obscene is a subjective word48. What determines a person's and a
society's taste? It depends on societal morals and social norms. Therefore, what is considered
"obscene" in India could not be in Europe. It is described as "stuff that depraves and corrupts
humans" in England. The Information Technology Act of 2000 in India addresses matters that
are "lascivious and of a genital character." The definitions of "lascivious" and "of a prurient
nature" also vary within the same national area49. No rigid limits can be established to apprehend
the perpetrator. A person's physical privacy is violated and breached when obscene material is
published.
Computers and information technology's traditional applications are vanishing quickly.
New developments in science and technology are designed to replace the cognitive processes
involved in decision-making that make humans unique and unmatched. The privacy risks that
could arise from using IoT, machine learning, data mining, and artificial intelligence technology
are not yet apparent. Privacy, security, and secrecy of personal information or data are
exceedingly challenging to uphold under this circumstance. In light of these numerous technical
advancements, every legal system is faced with the critical problem of how to preserve the
privacy of every individual.
Cyber security and protection from unauthorized access to personal data are complicated
concerns that affect many different fields and call for multifaceted, multilateral initiatives and

47
Webster’s Dictionary
48
Obscene Publication Act, 1959, S.1 at www.legislation.gov.uk/ (Last visited on August 17, 2019)
49
The Information Technology Act, 2000 S.67
solutions. For governments all around the world, it has proven to be difficult. The inchoate and
unique nature of the threats and the difficulty to formulate suitable responses in the absence of
observable culprits, make the endeavor challenging. The quick development of information
technology has made it possible to communicate on a worldwide scale about social and
economic issues as well as for business and other purposes. They pose a serious threat to national
security, public safety, and the overall stability of the interconnected global economy.
Propaganda of Racial and Hate Crimes: Anti-Jewish groups, Muslim fundamentalists, and other
groups have started utilizing the internet to disseminate violence against target groups. Terrorist
organizations utilize it as a platform to spread their ideologies. One may argue that social media
misuse peaked when it forced a 14-year-old child to kill themselves while playing an online
game (Blue Whale Game), and shockingly, the legal system and its enforcement apparatus failed
to stop it.
When a researcher visited the Metaverse to investigate user behavior on Horizon World,
Meta's social networking site, they came upon an instance of virtual rape. But an hour later she
alleged that her avatar had been sexually assaulted in that virtual environment. With the spread
of Artificial Intelligence-based deep-fake technology, emergence in both the public and private
sectors has increased the global danger to cyber security. People are more likely to take
advantage of online information, particularly that of more well-known individuals, and fabricate
it into realistic items like photographs or video clips to gain fame or influence a bigger audience.
In the virtual world of cyberspace where artificial intelligence-based technology starts
playing a crucial role in available services in cyberspace. However, there are many
hidden/coverts aspects of technology. And data is a valuable resource in this digital age which
should not be left uncheck the misuse in cyberspace in data sharing and storage platforms.
Regular and unregulated social media platforms gradually affecting the social fabric of our
society and creates uncertainty in the protection of one's confidentiality, integrity, and privacy of
personal data.

The proposed thesis is expected to bring out the research outcome about whether the
social sites are gathering all the personal information of a user for the sake of service providing
and using them for their benefit and putting personal information at stake. The proposed research
proposal also uses the area of the Dehradun selective district of Uttarakhand shall be surveyed
for data collection.
1.1 Statement of Research Problem
In data protection, privacy is an inherent component that covers the collection, usage, and
distribution of personal data. Invasion of privacy in cyberspace occurs when the users, shared
personal information in cyberspace. Which is used by online service platforms without the
consent of users. The risk of privacy breach becomes graver when specific personal information
is accessed, used, resourced, refined, and manipulated. Technology advancement in data sharing
and storage platforms in cyberspace especially backed by artificial intelligence. Which put social
media platforms and online service provider ahead of users. In absence of an effective legal
framework regarding protection from privacy, breach users are completely dependent on social
media platforms and online service provider companies.

1.2 Review of Literature

A literature review is a crucial component of research since it supports the study's

justification. It gives a broad overview of the historical context, progress, and fresh directions of
study in each field. Knowing the relevant research techniques and how to conduct the study in
various sectors is also helpful. The literature review offers a summary of the research that has
been done in the field, allowing researchers to determine the previous research trend. A review
of some recent studies in the a of is presented in this chapter. A review of the available literature
explains the many studies carried out by academics.

The idea and practice of cybercrime, as well as its channels and various tactics, were discussed in the
book "Prevention of Cyber Crimes and Fraud Management" 50. In this book, the prevention of
computer fraud, cybercrime incidents, and the legal and regulatory environment is also discussed. The
function of national-level organizations like CERT-IN and NCIIP in cyber security is also discussed.

Leslie P. Francis and John G. Francis examine how the idea of privacy is connected to
security and decision-making autonomy in their book "Privacy: What Everyone Needs to
Know"51.
Their work talks about the factual, conceptual, and philosophical aspects of privacy in this
changing technological era. The modern idea of privacy is discussed as why privacy protection is

50
Indian Institute of Banking & Finance, Macmillan Publishers India Pvt. Ltd.; 2nd edition (11 May 2020)
51
Oxford University Press, New Delhi, 2017
needed more in the digital age. Privacy within and beyond families, education, health, and other
financial issues are dealt with, and the importance of privacy in a democracy is assessed.
In his book, Richard A. Glenn, “The Right to Privacy: Rights and Liberties under the
52
Law” discusses the philosophical, constitutional, and common law foundations of the privacy
right. The author simplifies the complicated legal issues dealing with privacy rights in the 20th
century. The major issues related to privacy, such as marriage, abortion, child-rearing, education,
and sexual relationships, have been elaborately discussed with the help of decided cases by the
U.S. Supreme Court.
Glenn Greenwald's, “No Place to Hide: Edward Snowden, the N.S.A., and the U.S.
Surveillance State”53, talks about the appalling revelations of our time regarding breach of
privacy by the government. Chapter four of the book delves into the critical aspect of privacy,
how mass surveillance by the State is inherently repressive, and how it is used and abused by the
authorities for political benefit. He explains that most people act differently when they know
they are being surveillance and tend to follow commonly accepted social behavior to avoid the
shame of being seen as deviant.
“Right to Privacy in India under Indian Law”54by Kiran Deshta, talks about the development
and recognition of privacy right in India. Book discusses in detail the legal and moral norms of
ancient India, culture, and social practices related to privacy. It discusses the various models in
existence during British India and contemporary India for the protection of privacy.
Chapter V,"The Right to Privacy" of the book Facets of Media Law55. by Madhavi
Devan, explains the concept of privacy and discusses how the media's exponential growth has
raised concern for protecting privacy. The author has dealt with different privacy aspects, such as
surveillance, search, seizure, privacy in a public place, prisoners' privacy, and balancing privacy
and the right to information.
“Artificial Intelligence: Challenges and Opportunities for India”56, in this article authors not
only briefly explain Challenges and opportunities but also indicate the policy requirement for

52
ABC–CLIO Inc., California, 2003.)
53
Atheneum Publication, New York, 1970.
54
Deep &Deep Publications, New Delhi, 2011.
55
Eastern Book Company, Lucknow, 2ndedn., 2013)
56
Dwivedi. K Yogesh, Misra Santosh K. Hughes Laurie, “Yojana” p16-20 February 2020, Ministry of Information
and Broadcasting, Government of India
removing hurdles tothe development and further diffusion of Artificial intelligence-basedsystems
in education and learning technologies.

“Artificial Intelligence:Risk to privacy and democracy,”57According to the authors of this

article, artificial intelligence is a popular tool of foreign governments and political hackers for
influencing elections, eradicating the tangible benefits of democracy, and undermining the values
of liberty and equality.The author favors Artificial Intelligence’s contribution to the disaffection
of privacy and democracy by saying that Artificial Intelligence is not itself the culprit as a
technology rather than how this tool is used, by whom, and for what purpose that is generated.
Democratic ideals are fundamental to society and should be protected by keeping attention to
artificial intelligence threats besides stopping them.

Cyber security challenges in Smart Cities: Safety, security and privacy58, The author of this
research journal describes the emphasis on matching security vulnerabilities. If a precise
philosophy of law and right determined what should be done with the systems described, smart
city security could be conveyed to uninformed people. In a new era of electronic data gathering
and analysis, it also referred to the GPS tracking case involving Jones and recommended that the
idea of data privacy and third-party data collecting be reviewed.

An article on "Cyber security: emerging challenges in the 21st century"59written by a group

of individuals from the organization, emphasized the necessity of combining technical know-
how, legal knowledge, and strong security architecture to achieve the goal of protecting the
nation's information assets.

Louis Nizer, in “The Right of Privacy: A Half Century's Developments”60 points out
that political, social, and economic changes require the creation of new rights, and the right to
privacy is a product of time. There has been a discussion on Roberson v. Rochester Folding Box
Co. case (171 N.Y. 538). In the aftermath of that, the decision was criticized, and there was
immediate agitation for a remedial statute. He highlighted how different States have protected
the right to privacy based on natural justice, the right to pursue, and obtain happiness. Various

57
Karl M. Manhem,L Kaplan, , “Yale journal of law and Technology”, published on 25,Oct2018
58
AS Elmaghraby,MM.Losavio , “Journal of advance research” ,p491-497, vol. no5, published on July 2014
59
Zahid Iram, Cyber inside magazine,18dec2021, last visited on 22june 2022
60
Louis Nizer, “The Right to Privacy: A Half Century’s Developments” 39 Michigan Law Review (1941).
States' legislatures have not attempted to extend the right; instead, they have restricted the right
while codifying. Privacy after death and the role of consent have been elaborately discussed.
Sheetal Asrani-Dann, “The Right to Privacy in the era of Smart Governance:
Concerns Raised by the Introduction of Biometric-Enabled National ID Cards in India,”61.
talks about the right to privacy of personal data and territorial privacy. The author compares the
privacy right in India with the two Western democracies, Germany and the U.S. Author explains
how biometric national ID cards threaten privacy and create an environment where the
government has enormous power over citizens. The Indian government needs to revisit the
national identity system with a much more comprehensive examination and assessment.

Gautam Bhatia, “State Surveillance and the Right to Privacy in India: A

Constitutional Biography,”62explores India's foundation of privacy and how the Supreme Court
has recognized the right under Part III of the Constitution. The restriction of "Compelling State
Interest" has been discussed, and how that is different from "public interest" has been
investigated in the paper. The paper looks at surveillance in the framework of recognized privacy
rights. He concludes that the Supreme Court should not ignore its well-crafted jurisprudence and
protect citizens’ liberties by narrowly tailoring the restrictions on the right to privacy.
M.L. Upadhya and Prashant Jayaswal, “Constitutional Control of Right to Privacy63,”
deals with the origin, development, and dimensions of privacy rights from the perspective of
human rights. The paper analyses the right to privacy from the aspect of common law rights,
customary rights, and most important constitutional rights.
In a paper titled “Privacy: A Comparative Study of English and American Law,”64
T.L. Yang highlights the development of privacy right by the American courts. The author
compares privacy right under the English and American jurisdiction. It is pointed out that
privacy is not entirely ignored under English common law, but the protection of rights is not
complete because it is indirectly protected. The right in England is only protected incidentally,

61
Sheetal Asrani-Dann, “The Right to Privacy in the era of Smart Governance: Concerns Raised by the
Introduction of Biometric-Enabled National ID Cards” 47 India Journal of the Indian Law Institute (2005)
62
Gautam Bhatia, “State Surveillance and the Right to Privacy in India: A Constitutional Biography” 26
National Law School of India Review 127-158 (2014).
63
M.L. Upadhya and Prashant Jayaswal, “Constitutional Control of Right to Privacy” 2 CILQ 39-58 (1989).
64
Yang, T.L(Jan1996) “Privacy: A Comparative Study of English and American Law,” The International and
Comparative law Quarterly/Vol.15,pp.175-198, Published by Cambridge University Press
and the right to peace of mind and emotional pain are ignored. The paper discusses the history
and development of privacy law through leading cases in the country.
Gautam Bhatia, “The Supreme Court's Right to Privacy Judgment,”65.The article
analysis the underlying themes and implications of the recent privacy case(Writ Petition (Civil)
No. 494 of 2012). The paper discusses that the judgment has articulated privacy as a three-
pronged right: the right to bodily and mental integrity, informational privacy, and decisional
autonomy. The court's focus has been on individual privacy, and private spaces are protected
rather than on home and family.
Graham Greenleaf, in “Promises and Illusions of Data Protection in Indian Law,”66
argues that India's data protection legislation is insufficient to protect a person's privacy. The
paper discusses the lack of legislation in dealing with data protection and how some of the legal
provisions are structured ostensibly to protect individual rights but are doing the surveillance of
an individual. The 2008 amendment to the I.T. Act 2000 is not effective in protecting against
privacy breaches, and the legislature needs to further develop data protection laws.
“How the Right to Privacy Became a Human Right67,” Oliver Diggelmann and Maria Nicole
Cleis acknowledge the right to privacy under international human rights law. The paper looks
into the drafting history of the human right to privacy at the global and European levels. It has
been discussed how the various conventions didn't discuss privacy rights, and the conceptual
basis of the right to privacy is not clear.

1.3 Research Gap

The various facets of privacy in life have been examined in several studies. Numerous
publications have concentrated on how the country's development of the right to privacy as a
basic right. An examination of the knowledge-sharing literature revealed several shortcomings,
notably in India.

65
Gautam Bhatia, “The Supreme Court’s Right to Privacy Judgment” 44 Economic & Political Weekly
(2017).article analysis the underlying themes and implications of the recent privacy case(Writ Petition (Civil)
No. 494 of 2012)
66
Graham Greenleaf, “Promises and Illusions of Data Protection in Indian Law” 1 International Data
Privacy Law 47-69 (2011)
67
Oliver Diggelmann and Maria Nicole Cleis, “How the Right to Privacy Became a Human Right” Human Rights
Law Review 441-458 ,2014
 In the matter of Privacy changing dimensions. There hasn't been a detailed analysis of how
the ambit of shared personal data in cyberspace has been increasing and changed over time in the
nation or how courts and legislation have struck a balance in various situations. Whether the
court's limits are applicable in the current context is debatable.
It is still important to analyze how the data protection laws in cyberspace work within
the ambit of treaties and charters at the international level and to the examination of Indian laws
in the context of maintaining individual personal data privacy.
The originality of the study resides in its examination of the strategy used by the Indian
judiciary and legislation from 1950 to the present especially when social media, gaming, and
financial online service platforms with advanced support by artificial intelligence and cloud
service play a major role in modern time, the gap in the Indian personal data protection
legislation may be observed. Without considering the constraints put in place by legislation to
strike a balance between the right to privacy and technological advancement, the study of
personal data privacy protection would fall short. The available literature reflects a lack of
detailed discussion on personal data protection in social media platforms.

1.4 Research question.

Taking this into consideration researcher has developed some research questions as follows.
1. How are the issues regarding privacy and personal data protection evolving?
2. What is artificial intelligence and its developing applications in cyberspace?
3. What advanced technologies are used by social media and online service provider
platforms in personal information (data) sharing and storage?
4. What incidents created concern about personal data protection issues?
5. What legal frameworks are available at the Indian and international levels are available
regarding protection from personal data breaches?

1.5 Research Objective.

Taking into consideration researcher has started his research work with some of the objectives
as follows.
1. To explore the need for the inception of privacy and personal data privacy and the general
 limitations on right to privacy.
2. To explore the need for the inception of Artificial Intelligence based advanced
technologies in cyberspace, especially social media. And the instance of a privacy breach
on social media platforms.
3. To explore the Judicial Response related to Privacy and Personal Data Protection in India.
4. To explore and to find out the legislative Framework of privacy and personal data
protection Law in respect of the world and India.
5. To find out the technological awareness, and whether social sites are diminishing unity,
integrity, and social cohesion among users, by collecting responses from the selected field
area.

1.6 Hypothesis
In the process of gathering information for this study researcher would like to prove the
following hypotheses: -
1. Technological advancement in information technology, like the use of artificial
intelligence in social media and online service platforms, made users’ data privacy at
stake.

2. The Personal Data Protection Bill 2019 needs to enact a robust data protection system by
making necessary changes, and privacy protection requires a special governing body that
can emphasize users’ data protection.

1.7 Research Methodology

The study is based on the primary and secondary data bases, primary data has been
collected from semi-structured close-ended random sampling. Internet and computer users were
chosen for homogeneous purposive sampling, which allowed the researcher to conclude a
population without having to interview every one of them. The smaller sample size balanced
against having a large enough sample size with sufficient power to identify a true association by
lowering the expense and workload while also making it easier to acquire high-quality data. In
the secondary database the judicial rulings, law regulations, and other legal instruments are
objective. Sources such as the Supreme Court’s and other courts’ decisions are analyzed, and
statutes and other government reports are consulted. Secondary data was obtained from books on
personal data protection and privacy law from different libraries of universities, including
publications including papers, journals, digests, and other articles relating to this research.
Various search engines use the Internet to collect relevant data relating to this subject. Reviews
and analyzes of legal literature are also needed in India and other countries.

1.8 Significance and Delimitation of Research

The Significance of the study includes determining the personal data privacy issue in
cyberspace and to contribute to the existing knowledge system of the relevant area of the
personal data privacy issue in India by highlighting the bottle neck existing in the judicial and
legislative sphere. This research aims to analyze and raise critical issues in the development of
privacy issues in Artificial intelligence-based advanced technology. Such problems have
corrosive social effects and cause anxiety among people of a democratic country. The Researcher
has been limiting the research on the personal data protection law and incidents of personal data
theft, fraud, and misrepresentation. At this juncture, therefore, there is a significant need to
address different aspects of the issue and propose proposals for the privacy of personal data
protection in India.

1.9 Chapterization

Chapter I Introduction
This introductory Chapter has built the background of the present research and tries to
discuss privacy's basic meaning and how jurists and academicians worldwide attempted to
define the term privacy. And explained the perspective of the right to privacy, and the privacy
of personal data with the multi-dimensional emergence of artificial intelligence in cyberspace.
Privacy breach incidents and legal framework for privacy protection. The Chapter also
discusses the literature review, objectives, and needs of the study.

Chapter - II Personal Data, Privacy Meaning and Evolution of the Concept.

The second chapter deal with the core concept of privacy and personal data privacy as we
know privacy is an abstract concept and has no complete definition. The Chapter analyzes the
various definition and dimensions of privacy. This chapter also discusses the constitutional
assembly and Constitutional perspective and its significance in a modern context. This Chapter
further goes on to discuss the right to privacy’s general limitations and restrictions.

Chapter III Emergence of Artificial intelligence in Social Media Platforms and, Recent
Instance of Privacy Breach.
In the third chapter, the researcher has discussed artificial intelligence, the technology of
artificial intelligence as an inseparable part of advancement in technology in the field of
cyberspace especially social media and online service platforms. Also given general introduction
of Artificial Intelligence and recent instances of privacy breach with the use of artificial
intelligence.

Chapter IV Judicial Responses: Right to Privacy and Personal Data Protection in India
This chapter discussed major case law highlighting the benefits of thoroughly codified and
all-encompassing privacy and data protection legislation. Because they revealed the true nature
and implications of current law, case laws were crucial to discuss. The objectives of this chapter
are to provide readers with information about the current law, as well as how various privacy and
data protection principles covered in earlier chapters are balanced with individuals' rights and
interests and whether any changes to this balance are permitted by the current law. The
researcher examined numerous court rulings establishing privacy case statutes in this chapter.
Chapter –V Legislative Framework : Right to Privacy and Personal Data Protection In
Respect of the Europe, United Kingdom and India.
In Indian jurisprudence, the concept of privacy is developed through cases. This fifth
chapter discusses the legislative framework for privacy and personal data protection in respect of
the world (especially the United Kingdom and Europe) and India. The chapter also discusses the
judicial response and comparative analysis of personal data protection law in respect of the world
and India.
Chapter -VI Empirical Analysis of Responses Collected from Dehradun.
The chapter addressed the analysis and interpretation of data gathered throughout the
research project using a semi-structured questionnaire administered to a random sample of
Dehradun residents. The researcher was able to conclude the population without having to
interview every stakeholder because of the use of computers, mobile devices, and the internet to
gather data from stakeholders.

Chapter –VII Conclusion & Suggestions.

The researcher's research work ends with this chapter. Which provides a thorough conclusion
to the study and offers solutions that are more detailed and practical nature in the view of present
and future perspective. This final chapter gives broad findings for the entire work and concludes.
All the objectives of the study drafted at the beginning of the research, have been addressed. It
also gives some useful suggestions to make the whole privacy of personal data regime a more
robust form.