BIG DATA AND ITS IMPLICATIONS ON PRIVACY INDIAN CONTEXT
BIG DATA AND ITS IMPLICATIONS ON PRIVACY INDIAN CONTEXT
Brief overview
Privacy- A fundamental right
One of the most basic human rights recognized by the UN is the right to personal privacy.
Clarifying the breadth and depth of this right is an uphill battle that calls for both brevity and accuracy. A person's right to privacy includes two primary considerations: the extent to which their information is disclosed to third parties and the security of their data. Reading, bookkeeping, newspapers, and, most importantly, the Internet have all contributed to evolving ideas about personal privacy throughout history. The idea of privacy in modern culture has been radically altered by the advent of the Internet and the proliferation of data collection and storage. Third parties' practices regarding the security, protection, access, and circumstances surrounding the use of information they own are the focus of the current privacy discussion. Several regional and international treaties, including the "United Nations Convention on Migrant Workers, the
United Nations Convention on Protection of the Child," the "International Covenant on Civil and Political Rights (ICCPR)," and the "Universal Declaration of Human Rights (UDHR)," recognize the right to privacy as a basic human right. Various international human rights accords, conventions, and human rights courts explicitly acknowledge privacy as a fundamental right. The UN Special Rapporteur mentioned the entitlement to privacy. Privacy protections should be accessible irrespective of geographical boundaries, and mechanisms for addressing privacy breaches should also be applicable across these borders.
The Special Rapporteur has additionally delineated a Ten Point Action plan to expedite the implementation of the principles. The fundamental right to privacy serves as the foundation for other rights and liberties, such as the freedom of speech, assembly, and religion. Nevertheless, in the era of extensive data, the protection of privacy has emerged as a crucial concern due to the frequent collection and exchange of personal data in the modern economy. Data researchers and analyzers are currently endeavoring to address privacy concerns and guarantee the security of any collected data. The utilization of big data analytics has led to an inescapable and very rigorous form of 'communications monitoring' conducted by both state and non-state actors, including private businesses. Currently, 'communications surveillance' refers to the comprehensive range of activities involving the monitoring, intercepting, collecting, obtaining, analyzing, using, preserving, retaining, interfering with, accessing, or similar actions taken about information that includes, reflects, arises from, or pertains to a person's communications in the past, present, or future. The term "big" in big data encompasses not just the sheer volume, but also the speed and diversity of data items and sources. The government and commercial stakeholders collect, create, and own these extensive databases. Most of these extensive databases are acquired by the government to offer welfare services, although they are overseen or held by commercial entities, or obtained by private technology businesses. In India, organizations such as the Unique Identification Authority of India (UIDAI), the Census of India, the Stock Exchange, the Ministry of Rural Development for the Mahatma Gandhi National Rural Employment Guarantee (MGNREGA), and the Income Tax Department possess extensive databases. In addition to this, the Indian government also collects and stores large amounts of data through other programs such as the Central Monitoring System, Human DNA Profiling, Smart Cities Mission, and Digital India program . In addition to the government, many non-state entities such as telecom companies, online travel agencies, and online retail stores employ big data analytics to enhance their commercial operations. While big data has its positive attributes and many big-data programs have well-defined privacy policies, there is a notable absence of a well-defined access control mechanism and concerns regarding crucial matters like data ownership. This is primarily due to the involvement of private organizations in public-private partnership projects, where they collect, process, and store substantial amounts of data.
Big data and right to privacy
There have been multiple definitions of big data. The 2001 research by META Group defined big data based on three key factors: volume, velocity, and variety . Additional attributes of big data are defined by many aspects such as scalability, validity, value, variability, and granularity. It is uncommon for datasets to meet all criteria. Therefore, big data agencies typically analyze the many features and establish their permutations and combinations, ultimately classifying them as 'big data'.
Big data represents a novel approach to making decisions based on data. The proliferation of data generated by cellphones, televisions, social media networks, sensor-driven gadgets, and other similar networks that are integral to our daily lives . Big data focuses on identifying correlations rather than causation and prioritizes understanding the "what" rather than the "why". Big data encompasses diverse data kinds such as text, pictures, and video. Various sources of these data kinds include conventional news articles, social media platforms, Instagram images, professional photographs, satellite imagery, aerial imagery obtained through Unmanned Aerial Vehicles (UAVs), and films from TV channels, YouTube, Vimeo, and other platforms. The production of large amounts of big data is not exclusive to the developed world; the developing world also contributes significantly. The rapid advancements in Information and Communication Technology (ICT) and users' active participation on platforms such as social media and microblogging sites have facilitated the unprecedented collection, storage, and analysis of big data. Analyzing data gathered from social media, websites, mobile GPS, and other sources can assist in tackling diverse socio-economic issues and developing efficient solutions and strategies. Hence, big data is regarded as an exceptional asset that can provide distinct benefits for everyone. In addition to huge data, metadata also possesses the capacity to unveil sensitive details on individuals' lifestyles, political inclinations, religious beliefs, sexual orientation, and so forth. Metadata can disclose details such as the precise moment when a specific webpage was seen, the IP address used, the geographical location, and other related information. Instances of governments gathering metadata have been reported. Since the 1970s, the business of big data has been actively seeking to amass substantial quantities of customer information and employ algorithms to analyze this data. However, in the last two decades, there has been a significant surge in the practice of data mining and automated decision-making. Privacy at the international level has observed that this form of data analysis has extended to include passenger profiling, anti-terrorist systems, border control (such as automated-targeting system), and money laundering (such as suspicious transaction reporting and analysis). The capacity of developing technologies to transmit data across a network without necessitating human-to-human or human-to-computer engagement is conceivably a further risk to privacy posed by the Internet of Things (IoT). The Internet of Things (IoT) refers to the interconnectedness of various electronic devices, mechanical and digital machinery, items, animals, or humans, all of which are assigned distinct IDs.
Significantly, a big data industry has emerged, offering solutions to governments and companies. This industry takes advantage of various opportunities for data collection, such as mass communications surveillance, the integration of data sets, the use of new sensor technologies, and the growing "Internet of Things". Governments are enacting legislation, policies, and regulations to gather extensive personal and sensitive data, and implementing initiatives to provide various services to the country's inhabitants and residents. Political leaders and corporations have increasingly touted big data as a remedy for a wide array of issues, including corruption, the delivery of government services and entitlements, and the battle against illnesses. Governments and commercial stakeholders are collecting, storing, and analyzing large amounts of people's data to improve public services, enhance citizen-centric services, improve user experience, and ensure the safety and security of citizens. Nevertheless, there has been an increasing apprehension regarding the absence of clarity and responsibility in the development of algorithms employed for data processing, questionable security measures implemented for the storage and upkeep of extensive datasets, excessive dependence on big data in contrast to conventional methods of analysis, and the emergence of new disparities in digital access.
Another facet of big data involves the unethical intrusion of the state into personal data. Several nations are already compiling and maintaining databases of their citizens, known as Big Data Banks , which use biometric identifiers to authenticate identity using bodily attributes such as fingerprints, iris patterns, facial features, palm prints, religious affiliation, ethnicity, sexual orientation, walking style, voice, and DNA. Numerous countries, such as Argentina, Belgium, Colombia, Germany, India, Italy, Mexico, Peru, Spain, and Thailand, have adopted mandatory national identity systems. Additionally, they are collecting other types of data such as biometrics and device registration information to address both internal and external threats. China has established a biometric data center with the explicit goal of ensuring public security. However, they have granted an online commercial firm access to the data, which provides services for matching biometric data. As per the BBC, in 2020, every individual in China will be registered in an extensive nationwide database that consolidates financial and governmental data, which includes even minor traffic infractions. The motivations for implementing these national identity schemes differ from country to country. Typically, individuals are granted an ID number along with biometric information, which serves various identification reasons. A substantial quantity of personal and confidential information of individuals, including their name, date, and place of birth, gender, biometric data, current address, portrait, and additional details such as family members, is associated with this identification number and saved in a centralized database. Governments primarily establish Big Data Banks for various goals, such as national identity systems , electoral registrations, and facilitating democratization in countries like the Philippines, Ghana, and Kenya. These data banks also aid in the delivery of assistance and social protection programs, border management, and the provision of social services.
Advocates argue that biometric identifiers are a reliable method for precisely identifying individuals. However, they come with a high cost and are susceptible to errors. Moreover, they raise concerns about privacy and other fundamental human rights, potentially exposing citizens to significant data breaches and the unauthorized use of their personal information. Furthermore, concerns about big data technology's potential to alter data and participate in discriminatory activities against vulnerable communities are growing. Individuals' privacy is at risk, and their right to free speech, assembly, and association, whether online or off, may be severely affected by biometric identifiers. As an illustration, the Aadhaar project in India gathers the biometric data of all its people. It has evolved into a tool used for covertly identifying and monitoring persons, both individually and on a large scale, for targeted and mass surveillance. Aadhaar has become the predominant identity document acknowledged by private banks, schools, hospitals, and telecom carriers to purchase SIM cards, medical insurance, or any other essential services. The paper is also associated with several social programs. In addition to Aadhaar, there are additional projects like as the Central Monitoring System (CMS), Smart Cities Mission, and Digital India Programme that employ technologies and rules that compromise individual privacy. Therefore, if an individual desires to establish a gathering or join forces with individuals or organizations sharing similar beliefs, it is quite probable that the state is already monitoring their activities via social media, insurance companies, mobile phones, and other means.
Statement of Problem
In the Indian context, several internet-based companies heavily depend on data collection to refine their services and gain insights into user behavior for continuous product enhancement. However, the utilization of big data in this process raises significant apprehensions regarding fundamental liberties and human rights. The potential implications of big data on privacy become especially pronounced, as it can compromise individuals' rights to safeguard their personal and sensitive information. In this scenario, concerns emerge about the extent to which individuals can exercise control over the usage of their data. Striking a balance between the advantages of data-driven improvements and the protection of privacy rights becomes a crucial consideration in navigating the evolving landscape of technology and information in the Indian context. It underscores the need for robust regulatory frameworks and ethical practices to ensure that the power of big data is harnessed responsibly and with due respect for individual privacy.
Literature Review
The primary emphasis of this work is to address the issues related to privacy and security in the context of Big Data. This work additionally explores encryption strategies by incorporating established methods such as differential privacy, k-anonymity, T-closeness, and L-diversity. Multiple privacy-enhancing methodologies have been developed to protect privacy during different stages of a comprehensive data life cycle. The objective of this study is to provide a thorough examination of the methods used to protect privacy in Big Data, while also elucidating the challenges faced by current solutions. Various search engines and digital libraries were employed to gather information during the process of conducting Internet research. The data were meticulously collected, and out of a total of 2,099 publications, 103 were identified as the most valuable sources of information for addressing the study subjects. Therefore, a comprehensive analysis of 32 publications out of a total of 103 discovered in prominent databases was conducted.
Research shows that most of these studies use either a contents-based or hybrid methodology to try to foretell how Big Data apps would affect users' privacy. The major security risks and breaches linked to Big Data are what these methods are trying to address. To wrap things off, the article provide some recommendations to make Big Data projects more efficient. By outlining four separate types of data breaches and how different entities are working together to lessen their impact, we hope to provide secure methods and solutions that will optimize privacy protection.
Looking at the data privacy situation in India from a legal and technical standpoint, this paper gives a comprehensive analysis. This report examines the contemporary regulatory environment and legislative framework in India and provides an analysis of industry practices. Data encryption, anonymization, and location limits are some of the technical aspects of data privacy that are examined and assessed in this article. In addition, the study finds the best ways to overcome the challenges faced by Indian businesses while implementing data privacy protections. This study sheds light on the present situation of data privacy in India and provides suggestions for enhancing data protection regulations. Everyone from people to businesses to society stands to gain from these suggestions.
This study examines the emergence of privacy as a concept in India, specifically focusing on the right to privacy and its potential impact on the Indian economy. This paper specifically examines the right to privacy in the digitalized context of India and its potential implications for Indian citizens, particularly those residing in technologically isolated regions where access to basic amenities like phone signals and internet connections, necessary for modern services like online banking, is scarce. Hence, it is crucial to acknowledge that the ramifications of the right to privacy can extend to all individuals inside the nation, resulting in inevitable variations in situations. With the introduction of the Aadhar card, it is crucial to acknowledge that the biometric information of each Indian person will be consolidated into a vast database. This consolidation raises concerns about several safety issues that may arise due to potential cyber threats and other related concerns.
This article examines the potential challenges and assesses whether the right to privacy will be upheld by the residents of India.
The field of Big Data Analytics (BDA) has garnered considerable interest from both scholars and professionals due to its ability to enhance strategic, tactical, and operational capabilities, ultimately leading to a beneficial influence on the economic performance of businesses. The current study identifies and evaluates twelve major obstacles to the application of Big Data Analytics (BDA) in Indian industrial Supply Chains (SC). The barriers are constructed utilizing a comprehensive two-step method, which involves Interpretive Structural Modeling (ISM) in the initial phase and Decision-Making Trial and Evaluation Laboratory (DEMATEL) in the subsequent phase. The established approach establishes the connections between the specified structures and their magnitudes. In addition, the Fuzzy MICMAC approach is utilized to examine barriers that have a significant impact or driving power. The findings indicate that the most prominent obstacles are a lack of support from top management, insufficient financial resources, inadequate skills, and the absence of proper methodologies or procedures. This study assists policymakers in understanding the reciprocal relationship between obstacles to establishing effective policies and strategies for enhancing the adoption of Big Data Analytics (BDA) in industrial supply chains (SC).
Technological advancements in recent years have resulted in substantial progress across several business applications. Data-driven research offers significant potential for business expansion when effectively employed. The book is an essential source of information for the most recent research on cutting-edge concepts in the management of security and privacy analytics inside big data. This publication provides comprehensive coverage of pertinent topics including kinetic knowledge, cognitive analytics, and parallel computing.
As the number of internet-connected devices and their interconnectivity grows, the amount of data being gathered, stored, and processed is always expanding. As the scope of big data grows due to the utilization of public clouds, conventional security measures designed for private computer systems and limited to a clearly defined security boundary, such as firewalls and demilitarized zones (DMZs), are no longer sufficient. Enhanced security features are necessary to operate across a varied range of hardware, operating systems, and network domains. The research book critically analyzes contemporary breakthroughs in big data and their consequential effects on information security and the requisite privacy safeguards for such networks.
The other article specifically examines the issues surrounding privacy and security in the context of big data. It also distinguishes between the concepts of privacy and security and explores the specific privacy considerations that arise in the context of big data. The study centers on the outcomes achieved through the systematic mapping analysis and implementation of security measures in big data for business utilization within the framework of "Business Intelligence" . The chapters commence with providing a precise definition of big data, followed by an exploration of the rationale behind incorporating security measures into company infrastructure. Additionally, the chapters delve into strategies for enhancing security in this context. Hrudaya Kumar Tripathy primarily examines data security and data protection strategies, specifically addressing the issues and recommendations for meeting the processing, networking, and storage demands of data mining and analytics applications that include extensive aggregate data in the business sector.
In the past ten years, there have been significant advancements in surveillance technologies and the accessibility, retention, and analysis of personal data on the internet, facilitated by advancements in big data analytics. This situation has given rise to a complex dilemma in public policy on the need to strike a balance between the advantages of big data and the potential infringement on individuals' right to privacy . Amidst a prevailing atmosphere of extensive monitoring and invasive technologies, it is imperative to enhance the safeguarding of privacy rights by implementing a combination of laws and regulations, as well as by raising public awareness and fostering a need for protective measures. Vrinda Bhandari argues for the necessity of privacy protection from both governmental and corporate entities. It analyzes the legal evolution of the right to privacy in India and establishes fundamental privacy concepts that should form the basis of any potential privacy legislation. Subsequently, it assesses the Indian IT Act and the recently enacted Aadhaar Act considering the suggested privacy standards.
Research Questions
What specific privacy concerns and inherent risks emerge in the context of Big Data collection, retention, and utilization through Information and Communication Technology tools, platforms, and social media, particularly within the framework of the Indian context?
In the Indian context, how can the extensive volume of gathered data be potentially misused to the detriment of users, and what specific safeguards can be devised and implemented to counteract these exploitative practices?
Considering the unique challenges posed by Big Data in India, what targeted strategies can be adopted to effectively safeguard users' privacy in this era of expansive data analytics and utilization?
Research Methodology
The research methodology adopted for making this dissertation is doctrinal which will also include an exhaustive look through book collections, scholarly publications, and case laws, among other sources. Primary sources, such as Acts, legislation, bylaws, and ordinances, are used in the process of doing doctrinal research. Secondary sources, on the other hand, consist of the numerous decisions pronounced by the Honorable Supreme Court of India as well as the other High Courts in India. To augment the depth of information, we will include case studies of government initiatives and their implications on privacy. Furthermore, we will explore the landscape of social media to scrutinize the challenges related to the right to privacy within the framework of these initiatives. The whole of the paper is dedicated to big data and its implications on privacy within the Indian context.
Tentative Chapter Scheme
Chapter 1- Introduction
Chapter 2- Relationship between big data and right to privacy
Chapter 3- Legal framework governing privacy at International Level
Chapter 4- Right to Privacy in India
Chapter 5- Use of Big Data by Businesses
Chapter 6- Use of Big Data by State
Chapter 7 Case Studies
Chapter 8- Challenges and Concerns
Chapter 9- Recommendations
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