• Tue. Jan 18th, 2022

Campus Beat

Independent Student News Organization

Need of a Privacy Law on the lines of GDPR

In today’s society, everyone is connected to social media, and there are numerous social media platforms that are well-known around the world. However, as the reach of social media expands, so does the risk of personal information theft among those who use this media platform. By now, there are numerous stories circulating that warn us about the possibility of data theft, in which personal information of people has been stolen without their knowledge via social media. To address the issue of data theft, the European Union has enacted stringent measures, including the creation of the General Data Protection Regulation.

 What is GDPR?

The General Data Protection Regulation (GDPR) is a law enacted by the European Union to protect the data of EU citizens. According to this regulation, no company will be allowed to store the personal information of any citizen for a long time and the company will have to protect the information of its customers at all costs. This law was enacted by the European Union in the year 2016 and this law has been replaced by the Data Protection Directive.

The Data Protection Directive was also a law enacted by the European Union, which was created in 1998 to protect the data and privacy of individuals belonging to the European Union. But now the European Union has decided to abolish its Data Protection Directive law and replace it with the General Data Protection Regulation and this rule will give Europeans more control over their personal data.

What kind of data will be protected by GDPR?

The General Data Protection Regulation will secure citizens’ basic identifying information, such as their name, address, and ID number. The General Data Protection Regulation’s implementation will make it harder for any EU citizen to steal items like online data (location, IP address, cookie data and RF ID tags).

This rule will protect biometric data, racial or ethnic data, and any person’s political views from falling into the wrong hands.

India’s Current Phase.

The Whatsapp data sharing policy is raising eyebrows. Because Whatsapp claims it is necessary for the user’s privacy, the Indian government considers it a violation of privacy. The Indian government has threatened to revoke Whatsapp’s privacy policy. Whatsapp, on the other hand, has gone to court and filed a lawsuit against the government’s decree, claiming that it is wrong. There is also the Government of India’s arguments that if the corporation is one, why there are distinct rules in Europe and India? The government has questioned why Europe’s user data differs from the sharing policy, yet Indians are required to accept it.

What is the difference between data protection in Europe and India?

It may occur to one that Europe, which has a lesser population than India in terms of user numbers, is receiving such laxity in terms of data privacy. The answer is simple: Whatsapp is terrified of European law. It is so terrified of Europe’s ‘General Data Protection Regulation’ (GDPR) that it is unable to enforce such a requirement on Europeans. This is not the case in India because no data security regulation has been enacted. The law in Europe is so strict that anyone caught stealing data privacy will be imprisoned immediately or the company will be liquidated. The Personal Data Protection Bill has been drafted in India; however, it has yet to become law. Whatsapp wants to keep users’ data until the law is enacted. He intends to process it and use it to his business. In any case, India is a massive market in comparison to Europe.

India’s law hanging in balance.

Section 43A of the IT Act of 2000 requires businesses to strictly adhere to the data security policy and not tamper with the user’s information. However, there are no hard and fast laws regarding this. Although, there exist data rules, there are numerous practical obstacles in complying with them. There is no explicit reference in the statute of how we will prove it if someone takes and misuses data. On that basis, how will the case do in court? In Europe, this is not the case. According to the law, everything is fixed and fixed there.

India’s inadequate legal system.

Because of the fine, Facebook has managed to keep Europe out of India’s control. If a firm is detected stealing or leaking data, it can be fined up to 20 million euros, or 4% of its global turnover, according to European data law. In India, initially and foremost, data theft must be shown in accordance with Section 43A of the IT Act 2000. The case will first be heard by an adjudicating officer, who will require the user to prove that his data was stolen or tampered with.

 
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