Who violated MY Right?

Anil Vishnu Vaidya

Author: Anil Vishnu Vaidya

Date: Mon, 2018-09-24 12:44

Two days ago I had my meal in a restaurant, I did not use my credit or debit card for payment, I did not fill in a feedback form. None of the activities that would reveal my identity. And to my surprise I got a message on my mobile to write a review for the restaurant. On the same day I got another message to review a ‘Sandwich vendor’ doing business by the roadside. I had not been to this vendor though I did pass him by on the road.

I was disturbed, where was my privacy? The Right pronounced by the Supreme Court “Right to Privacy is an integral part of Right to Life and Personal Liberty guaranteed in Article 21 of the Constitution," the SC's nine-judge bench ruled unanimously. And here my whereabouts are known to ‘I do not know whom’. The happenings of this type are occurring more and more frequently. I was not only disturbed but annoyed to the point of becoming angry.

I decided to investigate and I did. And holding the breath I realized I was myself responsible for allowing others to violate my right. I had allowed (quite unknowingly) a service provider to track my movement. It’s a simple setting in ‘Maps’. The setting was turned on whenever I wanted the get help from Maps for getting directions. More importantly it stayed that way even after I closed the Maps.

What it amounts to is ‘my ignorance on my own rights’ and inability to read the terms and conditions of the service provider.

However the bigger question is, are service providers are ethically right? Even though they may have covered the legal angle. The Citizens of India need to clearly to be told what they give up when they accept terms and conditions or when they use a particular service.

Shouldn’t our Lawmakers, our Legislators do something for the Citizens of India?    

 

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Comments

I strongly agree with your points. In last few years, Indians started using internet in day to day life. We download different apps blindly in pretext to help us but we neglect the privacy by accepting Terms and Conditions. We are equally responsible for giving our confidential information and tracking our movement. We need to differentiate between need and necessity. There are many apps available but we need to zero down which apps are necessary. Best strategy would be to stay away from shopping apps. These apps track what you want, what you were planning to shop and start sending you emails and SMSs. I would like to quote some of my experiences: - • I use once insurance marketing website to compare the policies. Once I compare on their website they send me OTP on my cell phone to unlock the comparison. When I enter the contact number to get OTP, then I get flooded with calls. • Getting reminders, that you haven’t logged in or used their app from long time to keep it working. • More recently, the Cambridge Analytica episode spurred a debate about how personnel data used for Indian election campaigns, to target and profiling of users to disseminate propaganda. These alerts invariably emphasise on simpler, clearer options how businesses are collecting your personnel data and process it as and when required for their use. I strongly believe our lawmakers/legislators should now become more tech-savvy and make strict IT laws to protect privacy and identity of Indian citizens. It should be a wakeup call for TRAI to tighten privacy policy and educate citizens to protect. But beyond this, development in India make a strong case for data protection law which is on anvil and need to be strong enough to protect users rights.

I strongly agree with your points. In last few years, Indians started using internet in day to day life. We download different apps blindly in pretext to help us but we neglect the privacy by accepting Terms and Conditions. We are equally responsible for giving our confidential information and tracking our movement. We need to differentiate between need and necessity. There are many apps available but we need to zero down which apps are necessary. Best strategy would be to stay away from shopping apps. These apps track what you want, what you were planning to shop and start sending you emails and SMSs. I would like to quote some of my experiences: - • I use once insurance marketing website to compare the policies. Once I compare on their website they send me OTP on my cell phone to unlock the comparison. When I enter the contact number to get OTP, then I get flooded with calls. • Getting reminders, that you haven’t logged in or used their app from long time to keep it working. • More recently, the Cambridge Analytica episode spurred a debate about how personnel data used for Indian election campaigns, to target and profiling of users to disseminate propaganda. These alerts invariably emphasise on simpler, clearer options how businesses are collecting your personnel data and process it as and when required for their use. I strongly believe our lawmakers/legislators should now become more tech-savvy and make strict IT laws to protect privacy and identity of Indian citizens. It should be a wake up call for TRAI to tighten privacy policy and educate citizens to protect. But beyond this, development in India make a strong case for data protection law which is on anvil and need to be strong enough to protect users rights.

Rightly pointed out by you that in today’s world knowingly or unknowingly we have only given our information rights to social media companies or digital media. In today’s time we cannot live without smart electronic devices which are connected to the cloud. Information leaks out through digital media, social profiles and retail websites. I have also noticed while accessing any site or installing any app it first asks for control over my device means access to all my information though I never gone through the terms and conditions of these service providers may be due to shortage of time and right away accepted all the terms mentioned. Though I often wonder what these companies will do with the information gathered in this manner. Google, Facebook and Apple are all in the fight to capture and control the maximum database. We must need to be very careful as right to our privacy is our right to prevent companies / people we don’t trust from having power and control over our lives. Therefore, we need to be more aware about what, where and with whom we share our information. The right to privacy is one the most fundamental human rights. It is my individual right if I wish to decide and share my personal information with someone. But for last few years, I have observed that large companies have made secret efforts to violate this right again and again. This threat to our privacy has now multi-fold increased in the current digital age where everything and everyone is connected. While accessing Facebook also I have noticed on multiple occasions if I like pages, my information got shared with multiple advertising and marketing companies who later start sending commercial offers / deals of similar types of their interests. However, to my surprise further Facebook never asked permission to share this information with other companies nor I gave any kind of undertaking as such. On one hand it is threat to human rights of privacy, it also has few advantages such as readily availability of data for the healthcare and educational development of the country. In this digital age data sharing and data privacy is equally important for the development of nation however stricter controls to be initiated by the government in view of the ethical scandals happened in past around this. Marketing / tele caller companies should not be allowed to capture consumers private information without our consent. Heavy penalties should be imposed for the non-adherence of any of the disciplinary codes. Facebook data leak in recent past is live example of this problem. Taking cue from this government should implement stricter laws to take proper control of the situation and protect our rights.

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