Unapologetic Intrusion: How Media And Vloggers Undermine Privacy Rights

Introduction

Privacy is a long-standing concept that encompasses an individual’s right to control their personal information, keeping it private or sharing it selectively with others.In India, the right to privacy is increasinglyrecognised as a vital component of individualliberty, dignity,and autonomy. As technology advances rapidly, safeguarding personal data and preventing unauthorised surveillance have gained greater importance. Globally, the right to privacy is acknowledgedas a fundamental human right, crucial for personal dignity and autonomy, and includes protection from unwarranted intrusion.

Internationally, this right is enshrined in instruments like Article 12 of the Universal Declaration of Human Rights,which prohibits arbitrary interference with privacy.

Regrettably, a widespread lack of awareness about this right often results in unwarrantedintrusions into personal lives, perpetrated by those who mistakenly assert that invading another’s private domain is their legal entitlement.

In the 21^st century, educating oneself about the right to privacy is essential, as it equips individuals to safeguard against a host of modern challenges, including those posed by media personnel and vloggers who frequently overstep these boundaries.

Scope of the Right to Privacy

The Indian Constitution doesn’t explicitly list privacy as a fundamental right, but the Supreme Court has interpreted Article 21, which protects life and personal liberty, to include the right to privacy.

The right to privacy in India is multi-dimensional. Its scope has evolved through judicial interpretationsand statutory frameworks,particularly relevant in addressing privacy violations by vloggers and media. It encompasses several aspects as follows:

Article 21: The Supreme Court’s landmark justice K.S. Puttaswamy v. Union of India (2017) judgement explicitly recognised privacy as a fundamental right, covering informational privacy controlling personal data, including images, videos, and sensitive informationand freedom to make personal decisions without interference.

Spatial privacy: Protection of private spaces, forinstance,homes, from unauthorised recording or intrusion.

Modes Of Breach: How Media Personnel and Vloggers Infringe Privacy

Media and vloggers can infringe on privacy through various intrusive methods, often leveraging technology for content creation. Journalists may engage in unauthorised surveillance, such as deploying drones to record private events or hacking into personal communications, as evidenced by past scandals.

Vloggers may violate privacy by publicly exposing personal informationor filming individuals without consent in public spaces that feel private, disregarding personal boundaries. Additionally, the use of hidden cameras, unauthorised locationtracking, or exploiting social media data further amplifies these breaches, often prioritising sensational content over ethical considerations.

The Dangers and Consequences of Privacy Breaches

• On an individual level, victims may experience mental health challenges such as anxiety and depression, with research indicating heightened suicide risks due to cyberbullying facilitated by exposed data.
• Physical threats, including stalking or identity theft, emerge when sensitive location details or personal information are disclosed, enabling potential harm.
• Media outlets and vloggersfrequently record and disseminate personal details, images or videos without consent, exposing private life to public scrutiny. Once shared,such content becomes nearly irretrievable, leading to enduring consequences.
• Content shared without consent creates a permanent digital footprint, which can resurface years later, affecting personal and professional opportunities.
• In India, privacy breaches can have amplified social consequences due to cultural emphasis on family honour and reputation. For instance, unauthorised sharing of a woman’s image can lead to severe social stigma.

Justice K.S. Puttaswamy (Retd.) V. Union of India (2017)

This landmark ruling established privacy as a fundamental right under Article 21.

Key findings:

• Privacy is integral to life and personal liberty.
• The right to privacy is fundamental but not absolute, subject to reasonable restrictions.
• Overruled prior cases denying privacy as a standalone right.
• Set a proportionality and legitimacy test for state actions limiting privacy.

Test Of Proportionality and Legitimacy

The Puttaswamyjudgement provides a concise test for privacy interference, requiring:

• Legality: Action must be law-sanctioned.
• Legitimate Aim: A clear, valid purpose must exist.
• Proportionality: Interference must be necessary and not excessive.
• Procedural Safeguards:Adequate measures must prevent abuse and ensure accountability.

Legal Ramifications:

• Under BNS,sharing private images or videos without consent can lead to charges under section 77,which is Voyeurism or section 79,which is insulting the modesty of a woman.
• Under the Information Technology IT Act,2000, Section 66Epenalises the unauthorised sharing of private images,while Section72A addresses unauthorised disclosure of personal information.

Digital Personal Data Protection Act, 2023 (DPDP Act)

• Regulates processing of personal data, requiring consent, purpose limitation, and data minimisation.
• Applies to vloggers and media as “data fiduciaries” when handling personal information.
• Establishes the Data Protection Board to address grievances.

However, these provisions are limited and don’t fully address modern privacy challenges like algorithmic profiling or mass surveillance.

• Algorithmic Profiling: Algorithmic profiling is when companies, apps, or platforms (like social media or streaming services) collect data about you such as what you watch, like, share or search for online. The goal is to create a detailed picture of who you are, including your preferences.
• Mass Surveillance: When large amounts of data about many people are collected, stored, and monitored, usually without their knowledge.

Mitigation Measures

• Strengthening Legal Frameworks: Enact a personal data protection Bill with specific provisions for media and vloggers, requiring explicit consent for data use.Establish specialised cyber courts for privacy breach cases, as recommended by studies.
• User awareness and education: Promote digital literacy to educate users, especially youth, on privacy risks and safe online practices.Encourage reviewing privacy settings and avoid oversharing sensitive information like location or personal details.Launch tailored programs for women, seniors, etc and includeonline safety in school curricula to empower children with digital rights knowledge.
• Platform Accountability: Social media platforms should improve data transparency and enforce stricter content moderation to remove non-consensual material.
• Technological Safeguards:Develop AI tools to detect and flag non-consensual content uploaded by vloggers or media.
• Ethical Guidelines for Content Creators: Vloggers and media should adopt ethical practices, such as blurring faces or obtaining consent before filming in public.

Conclusion

Privacy breaches by vloggers and media in India highlight the urgent need to protect individual rights in the digital age. While the right to privacy is recognised under law, stronger regulations and ethical practices are essential to prevent violations. Additionally, promoting media literacy among audiences, encouraging ethical content creation, and holding platforms accountable for harmful content are crucial. By fostering collaboration between lawmakers, content creators, and citizens, India can strike a balance between freedom of expression and the right to privacy, ensuring a digital landscape that respects personal boundaries and upholds dignity for all.

References

1. Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1.
2. The Constitution of India, 1950, art. 21.
3. The Universal Declaration of Human Rights, 1948, art. 12.
4. Bharatiya Nyaya Sanhita, 2023, ss. 77, 79.
5. The Information Technology Act, 2000, ss. 66E, 72A.
6. The Digital Personal Data Protection Act, 2023.
7. A. K. Kaul, Right to Privacy and the Indian Constitution, 60 JILI 253 (2018).
8. Gautam Bhatia, Privacy and the Indian Constitution: Judicial Developments and Challenges, 5 NUJS L. Rev. 157 (2018).
9. Apar Gupta, The Evolution of Privacy Jurisprudence in India, 33 Nat’l L. Sch. India Rev. 45 (2021).
10. Solove Daniel J., Understanding Privacy (Harvard University Press, 2008).
11. Anita L. Allen, Unpopular Privacy: What Must We Hide? (Oxford University Press, 2011).
12. Usha Ramanathan, A Right to Privacy in India?, 8 COMMLAW CONSPECTUS 231 (2010).
13. International Commission of Jurists, Right to Privacy in the Digital Age (ICJ Report, 2019).
14. Justice B.N. Srikrishna Committee Report on Data Protection (2018).
15. Nandan Kamath, Privacy and Technology: Indian Legal Challenges, 12 Indian J. L. & Tech. 73 (2016).

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Author Name: Rihan Irshad, a final-year law student at the School of Law, University of Kashmir.