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DIGITAL CITIZENSHIP: ISSUES AND CHALLENGES OF PRIVACY IN INDIA

    1 Author(s):  PARAMJEET SINGH

Vol -  9, Issue- 3 ,         Page(s) : 178 - 185  (2018 ) DOI : https://doi.org/10.32804/CASIRJ

Abstract

Traditionally, the notion of ‘citizenship’ has been associated with a state which has a defined territory and the people reside in that defined territory are called its citizens, provided they satisfy some requirements per law. This relationship between a geographical territory and people residing in that territory is changing . The notion of citizenship is changing with the change in the structure of the society and the way people communicate with each other

  1.   Tim Cresswell, “The prosthetic citizen: New geographies of citizenship” Political Power and Social Theory, 20 (2009); 259
  2.   Karen Mossberger, Caroline J. Tolbert et. al. “Digital Citizenship” United States, The MIT Press, 2007 available at: https://mitpress.mit.edu/sites/default/files/titles/content/9780262633536_sch_0001.pdf 
  3.   Rosamond Hutt, "The world’s most popular social networks, mapped", World Economic Forum, March 20, 2017; available at: https://www.weforum.org/agenda/2017/03/most-popular-social-networks-mapped/ (accessed on Feb 3, 2018)
  4.   supra note 1
  5.   Daniel J Solove, The Digital Person: Technology and Privacy in the Information Age, NewYork, NYU Press, 2004
  6.   Online Registration System has been introduced in major government hospitals, available at: https://ors.gov.in/index.html (accessed Feb. 3, 2018)
  7.   Mike Ribble, Digital Citizenship in Schools, Eugene, United States, International Society for Technology in Education, 2011
  8.   National Tertiary Accessibility Policy, 2012 available at: https://data.gov.in/sites/default/files/NDSAP.pdf (accessed on Feb 04, 2018)
  9.   National Data Literacy Mission, available at: https://www.india.gov.in/website-national-digital-literacy-mission (accessed on Feb 04, 2018)
  10.   Common Services Centres  is one of the mission mode projects under the Digital India Programme, available at: https://www.csc.gov.in/ (accessed on Feb 05, 2018)
  11.   E-Sampark a Govt. of India initiative, available at: https://sampark.gov.in/Sampark/ (accessed on Feb 05, 2018)
  12.  My Gov is a platform where the citizens can share their input with government on various issues, available at:  https://www.mygov.in/ (accessed on Feb 06, 2018)
  13.   Supra note 5 at 166
  14.   Evernote- Digital rights changed 
  15.   Neha Alawadhi, Economic Times, Nov 10, 2014, available at: https://economictimes.indiatimes.com/tech/internet/digital-content-language-to-go-desi-with-e-bhasha/articleshow/44943609.cms (accessed on Feb 05, 2018)
  16.   Thomas Tan, “Educating Digital Citizens”, ERIC Institute of Education Sciences, Sept- Oct 2011 also available at:  https://eric.ed.gov/?id=EJ965963 (accessed on Feb 13, 2018)
  17.   Health initiatives by the Govt. of India, available at: https://www.csc.gov.in/health (accessed on Feb 07, 2018)
  18.   E-Courts, available at: http://services.ecourts.gov.in/ecourtindia_v5/  (accessed on Feb 08, 2018)
  19.  DigiPay, available at: https://www.csc.gov.in/digipay (accessed on Feb 13, 2018)
  20.   India Today, “Right to Privacy: 5 bills yet no law, how Parliament has dealt with personal data protection”, available at:  https://www.indiatoday.in/india/story/right-to-privacy-fundamental-right-parliament-1031136-2017-08-24 (accessed 8th Feb, 2018)
  21.   Resolution A/RES/51/162 dated 30 June 1997
  22.   Object clause of the Information Technology Act, 2000
  23.   Section  14, Section 15 and Section 16 of the Information Technology Act, 2000
  24.   Section 43 and Section 65 of the Information Technology Act, 2000
  25.   Section 66F of the Information Technology Act, 2000
  26.   Section 67A of the Information Technology Act, 2000
  27.   Section 67B of the Information Technology Act, 2000
  28.   Section 72 of the Information Technology Act, 2000 provides penalty for a breach of confidentiality and privacy and the punishment provided in the act is for breach of confidentiality and privacy is imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.
  29.   Section 48 of the Information Technology Act, 2000
  30.   Section 66E of the Information Technology Act, 2000 provides punishment for violation of privacy of private areas of body of a person and the punishment provided in this section is imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both.
  31.   Rule 4, Reasonable Security Practices and Procedures and Sensitive Personal Data or Information Rules, 2011
  32.   Rule 5, Reasonable Security Practices and Procedures and Sensitive Personal Data or Information Rules, 2011
  33.   366. Definition In this Constitution, unless the context otherwise requires, the following expressions have, the meanings hereby respectively assigned to them, that is to say
  34. .....
  35. (10) existing law means any law, Ordinance, order, bye law, rule or regulation passed or made before the commencement of this Constitution by any Legislature, authority or person having power to make such a law, Ordinance, order, bye law, rule or regulation;
  36.   Article 13. Laws inconsistent with or in derogation of the fundamental rights
  37. (1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void
  38. (2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void
  39. (3) In this article, unless the context otherwise requires law includes any Ordinance, order, bye law, rule, regulation, notification, custom or usages having in the territory of India the force of law; laws in force includes laws passed or made by Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas
  40. (4) Nothing in this article shall apply to any amendment of this Constitution made under Article 368 Right of Equality
  41.   Section 9 of the Section 13 of  The Specific Relief Act, 1963
  42.   Section 19 of the Credit Information Companies (Regulation) Act, 2005 Act
  43.   Section 36 of the Credit Information Companies (Regulation) Act, 2005
  44.   Section 19 of the Credit Information Companies (Regulation) Act, 2005
  45.   Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors. (2017) Supreme Court available at:
  46. http://supremecourtofindia.nic.in/pdf/jud/ALL%20WP(C)%20No.494%20of%202012%20Right%20to%20Privacy.pdf (accessed on Feb 9th, 2018)

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