Remove Privacy Invading Rules before it's too late
The Issue
In the 21st Century, we all love to showcase whatever we feel via our social media platforms. Social media, an arguably controversial podium of communication, has also made sure help is given to anyone in need during the second wave of the pandemic. However, now, the Government plans to take away the platform.
The Personal Data Protection Act will introduce a data ‘protection’ authority heavily influenced by the Indian Executive, giving it inexorable power over the Internet and what gets to stay and what gets reported.
Article 21 of the Constitution of India states, “No person shall be deprived of his life or personal liberty except according to procedure established by law, nor shall any person be denied equality before the law or the equal protection of the laws within the territory of India.” The Data Act threatens to not only invade privacy, that is, personal property but also obliterate the entire concept of security and the Right to Information.
Article 19 of the Indian Constitution talks about the Freedom of Speech and Expression, which includes the Right to Information- Every individual can access important information in the public domain without any barriers. Having an executive authority working on an agenda set by the government enables the State to control everything in the public domain, including social media. The rules are blatantly unconstitutional and are not permitted by Indian Law.
It’s not just about losing Instagram, Twitter and Whatsapp; every channel of free communication and awareness will be hampered.
Writing this description is making us shake with fear for its consequences but it is imperative to understand that only a collective voice can make a difference to our future.
The separation of powers in data investigation and adjudication is the core principle of data protection- A decentralised, transparent agency would be just as effective in protection of data with minimum government interference. ( For reference, in the European Union, the General Data Protection Regulation act provides an independent body for the same purpose. )
This argument is not about political parties or the Internet revolution. It’s about Legal Ethics, personal Liberty to express oneself on a public platform and the inherent Right to Privacy of every individual.
The Issue
In the 21st Century, we all love to showcase whatever we feel via our social media platforms. Social media, an arguably controversial podium of communication, has also made sure help is given to anyone in need during the second wave of the pandemic. However, now, the Government plans to take away the platform.
The Personal Data Protection Act will introduce a data ‘protection’ authority heavily influenced by the Indian Executive, giving it inexorable power over the Internet and what gets to stay and what gets reported.
Article 21 of the Constitution of India states, “No person shall be deprived of his life or personal liberty except according to procedure established by law, nor shall any person be denied equality before the law or the equal protection of the laws within the territory of India.” The Data Act threatens to not only invade privacy, that is, personal property but also obliterate the entire concept of security and the Right to Information.
Article 19 of the Indian Constitution talks about the Freedom of Speech and Expression, which includes the Right to Information- Every individual can access important information in the public domain without any barriers. Having an executive authority working on an agenda set by the government enables the State to control everything in the public domain, including social media. The rules are blatantly unconstitutional and are not permitted by Indian Law.
It’s not just about losing Instagram, Twitter and Whatsapp; every channel of free communication and awareness will be hampered.
Writing this description is making us shake with fear for its consequences but it is imperative to understand that only a collective voice can make a difference to our future.
The separation of powers in data investigation and adjudication is the core principle of data protection- A decentralised, transparent agency would be just as effective in protection of data with minimum government interference. ( For reference, in the European Union, the General Data Protection Regulation act provides an independent body for the same purpose. )
This argument is not about political parties or the Internet revolution. It’s about Legal Ethics, personal Liberty to express oneself on a public platform and the inherent Right to Privacy of every individual.
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Petition created on 28 May 2021