Privacy in cyberspace: A Digital India perspective

This paper deals with privacy in cyberspace in a developing Digital India scenario. Right to privacy of a person is under great threat due to ever growing utilisation of internet specially under Digital India program & Internet of Things whereby the internet user is under continuous electronic surveillance without his consent and without his knowledge. Recently in 2017, in Puttaswamy case, Supreme Court of India declared that right to privacy was a fundamental right. This has further compounded the problem of online privacy. Individual activities are being monitored by State as well as private parties without proper legislation for safeguarding individual's privacy. India's National Cyber Security policy of 2013 or The Information Technology Act of 2000, as amended in 2008, do not adequately address the issue of privacy in cyberspace. Govt appointed Srikrishna Committee, in 2017, is yet to submit recommendations on cyberspace data protection. A new legal framework, consisting of legislation, Special Tribunals and cyber police using remote access technique is suggested to provide possible workable solution to the present and future issues of privacy in cyberspace even in the absence of universally accepted cyber law and cyber procedure.