LEGAL FRAMEWORK FOR DATA PROTECTION AND GDPR COMPLIANCE

ABSTRACT

In today’s world we all know how much we connected through data, and we all know how social media affecting our lives because these days either it’s about work field or any area or any kind of business data storage play significant role towards the society to make a life into an easier. it won’t be bad to say that we are totally liable and dependent upon it the concept of data protection is must between the citizens so that they can be aware of it related to all the laws rules that how they can save their personal data and not to breach and what are the ways in which they could achieve to reduce in the sharing of the storage and what are the rights for the citizens so that they can be aware about it. Whereby it’s aim to that Every Person can be aware of their Right including the:Right to privacy or all the rights of a person. consent must be given if the personal Data being shared. Personal Data is like privacy and through Businesses They’re selling Confidential Data to earn Huge Money from it.

KEYWORDS

Data Protection, Data Breach, Safety, Right to Privacy, General Data Protection Regulatory, Consent, Permission, Digital Era, Advancing Technology.

INTRODUCTION

Society moving into a digital Era by increasing in the use of Internet or through every kind of modes which lead to breach of the personal data , which offers privacy persons whereby every person information gets shared to a random person , but somehow we all are indulged into it but today’s time most of our work done through the online. Somehow we could say we don’t know either our data or our privacy is between only us or is it sharing also given to a 3rd person or any Company. Nowadays we can witness several examples whereby data gets leaked and misused by the companies or the business purposes in order for some achieving huge profit which being earned through the sharing of the personal details. There are several things which we need to ensure that how we could secure our data privacy so that it won’t be harming the rights of every single person which will be discussing under right we will discuss types of data legal frameworks regarding the GDPR which is known as General data protection regulation which mainly talk about the and deals that how protection of a personal data can be secured and if it is being shared then what are the circumstances they could focus on.These days what we’re facing is information getting shared to 3rd party , and we don’t know to whom we trust. We all know how much privacy of a person means for.

THE CONCEPT OF GDPR

Through the implication of GDPR which provides to secure offer personal information in the EU. Under the concept GDPR there are few things which we need to understand like what are the rights we get in order to safeguard our details personal information as there are many programs conducted globally to aware the citizens that how they could be aware of their rights likewise right to privacy, right to have access, right to know with whom our data being actually shared with and there are several modes which we have the right so that we could control or can say limit on it.

DATA PROTECTION

Data protection is must so that every people can trust to any site because our data or information gets easily leaked or data breach Throughout the online and the country of all should interconnect to make such a platform where all the citizens of the countries can come together and problems and to get rid of it which includes India and every nation of it. Rights which include the Data Protection: Consent, Permission, Right to know, Right to privacy, Disclosure Between People and the company, Transparency & Accountability.

Consent of an Individual

Under the data protection, consent plays crucial role,By Consent it being aggrieved for the term. But it must also to think that the consent were not forcefully but with their choices been given (The consent must be legally valid).

There are several rights of a person depicted not only for the country like India’s but it’s the most essential part of the human right to secure their personal data but are our data really safe? Is it in the right hand? These are some general questions which arise when we are exposing the data’s between some companies.

If we talk in India like right to privacy, right to have access and Right to take permissions[1]. Is the companies or the applications must disclose what kind of data are they consuming and accessing with us. And the people must have the choice that if their rights violated or not.

Currently, its digital Era globally where its having pros and Cos which affect the society throughout the sharing of a data as we do not have the access. We don’t have the access of data it must be made in such a way so that everyone could be aware of the rights about their data protection.(Personal Information & Details)

Impact on Data Breach Through Children

These days what we are witnessing Children’s who are below the age of 16 years are so much into the mobile phones and they usually play games , Surfs Internet By doing these, they are accepting all the terms and conditions which also explicating of the data which later only to sharing of the data by unknowingly so it’s on parent to monitor their kid to less screen time especially for kids on the Mobile Phones.

Being so much busy in Internet or towards the heavy uses of Internet popular apps somehow sharing our personality details in social media platforms these days these are the top consuming apps which also collecting all our Data indirectly without informing and proper consent. Personal data gets shared and sometimes the companies can access and misuse it in order to have us the people for demand of money.

These days lots of Bollywood ,Hollywood movies released in theatre which shows how they actually use the sources of innocent person details and information.

Data Breaching by Some Apps

In India, recently there were several websites and applications of China which Ban Due to the issues that those Sites Breaching the Data Through the medium of apps which shows that there are apps which sells the data to any third Party Companies. Which lately India found out , and they imposed the ban on Chinese applications. Not only in India but also in some other countries which ban some applications because this application found out that the storage of all the details of the person is being used as a material for business for them.[2]

If we take example from social media I think it’s the best example application such like Facebook, WhatsApp and all the Social media website which are famous among youths. Facebook and WhatsApp we know that they store the chats and all personal details by accessing the term and conditions of it. Whatever we are sending or conversation between the two parties and as through WhatsApp its not only for chat but businesses also being done Conducted through the mode of online. Facebook which is now known as Meta now they are also doing Data breach as Privacy matters for every single citizen or person. Meta itself went to Court several times as it found they’re selling and breach the Information (Not only one but there are several incidents occurs globally which impact all over the societies)

Now the question arise what can we do to safeguard our data from this and how effective the countries after implementing the GDPR. How data protection actually works on of India is support India having the concern of right to privacy itself is scaring the people because the people don’t know either their privacy with being shared is safe or not as India’s having the second-largest populated country all over the globe so it’s really a concern of matter so how important it is to handle and to impose data protection and how GDPR helping in it in India and all the countries. Understanding general data protection Rights.

What is GDPR

Background

It is General data protection regulation , it generally focuses on the data protection of law and especially focused on personal data breach. Under the GDPR it ensures that there should be a limit on personal information to get reduced. The GDPR regulated in the European Union whereby their concern is for more that how the data securities can be done. GDPR is such a platform whereby it basically focuses on that nobody data can be breached and all the person can live in a society peacefully so in firstly it started in the European United States whereby the aim for the securities and the safeties of the European countries.[3]

It also ensured that the transparency between the companies, between the businesses ,between the application and the client between the citizens and the relation of country must be made such a way so that they could trust bond with them. It also stops to saving of the information of the personal data which are getting breached because as under the businesses persons they usually share the information which are privacy of someone and the companies to get highly profit they usually misuse the sources and the information data which is being collected through the persons.[4]

At a time we could say that collecting of a data also helps in performing it with easier and modernized concept way but deeply we could say it’s getting misused by the Business person and between the Companies for money but as a privacy concern, every person have their right that their privacy must be between the and if there is any kind of information being shared they must get permission that either they can grant for access or not because the data can’t be shares without the permission of them so they must think before doing such kind of incident.

Illustration of the concept How implement the Data Protection Act to the India and all the countries

Let’s assume Facebook basically store a data in a company and we all know that Facebook always save the personal details like the profiles the post and everything which we post on the website or any application they basically stored. And now they have given the permission to another company to store all the profiles in a company where the company is of storing so by granting them the access The company and the businesses’ person might misuse the profiles and everything, and somehow it is a complete violation of right to privacy.

So, in this case, a policy should be made like the company should be transparency and accountability towards the citizens of the property this is the best example of data breach on the digital Era which the incident regularly being occurred no just discuss how data protection and GDPR play their role crucially as both them to provide legally and protection of data to free from all the external body which violate the right of a right to privacy of a person.

In a manner we could say GDPR to treat the procedure legally and with such a way where data can be collected through the indirectly with an intention to still the information so lastly we could say if anyone’s privacy get leaked was usually we do through the means of data leak in social media these days many are creating a spreading the false information by using their profile pics and by the data which is not originally them. Several important things under the data protection that the data being collected through the concerned of the people, as the data been collected for the means of servicing or their data must be safe into their country and no other country can hamper without the consent of the persons, all the data must be treated in fairly without exploiting any information to any 3^rd party.

There are several cases which help us in understanding the concept of data protection

K. S. Puttaswamy v. Union of India[5] (2018) under the case it’s landmark judgement on India, as it concerns that Right to privacy as a fundamental right Under the article 21 of constitution of India.
The case of Max Schrems v. Data Protection Commissioner[6]Landmark Judgement where person named Max Schrems who is Advocate filed complaint against Facebook as it was brought that Facebook shares the Data to Another Country and it is violating the Right to Privacy as Information can’t be shared to anyone as it Completely a violation allegation made Facebook sharing the information to US. After onwards the Irish Data Commissioner emphasis that Facebook must not share any person personal Detail to any country.

CONCLUSION

These days data breaches the real terrorist it more dangerous than the terrorist as it leading to damage the society through the sharing of information to any company by sharing the personal information. As GDPR which basically stands for General Directive Protection regulatory which aims for the Society of betterment in all the terms related the personal information in the so that the data breach could be stopped and reduced. It focuses on the privacy and the protection of data it ensures that what kind of information could we shared or not it focuses on data protection for the European Union but as through the concept of it this been initiated at large level. If we interconnect the topic gdpr and the data protection we will found out both aims that in this digital world where we all are independent on the Internet then how could we actually limit the data to node get breach. In the data protection as peoples are provided with the right but lack of awareness among the youth and they need proper guidance that how actually it happening and how it affecting our society. So apart from programs and written code It should not be just in books we should try to rather obey into follow what’s written in it and to do the needful according to it and do it in practically so that society could be a better in all aspects and people could be aware of their rights what things are good or not.

REFERENCES

https://www.atlanticcouncil.org/blogs/southasiasource/the-problem-with-indias-app-bans/ (last visited on 8^th Aug,2024)
https://blog.ipleaders.in/gdpr-general-data-protection-rights/ (last visited on 8^th Aug,2024)
https://blog.ipleaders.in/data-protection-laws-in-india-2/#References (Last Visited on 8^th Aug,2024)
https://indiankanoon.org/doc/127517806/> (last visited on 8^th Aug,2024)
https://www.pila.ie/resources/case-summary-max-schrems-v-data-protection-commiss/#:~:text=Where%20the%20Plaintiff%20sought%20a,Protective%20Costs%20Order%20(PCO). (Last visited on 8^th Aug,2024)

[1] India Const: Art 21

[2] Justice Sherman “The problem with India’s app bans” 27^th March 2023 https://www.atlanticcouncil.org/blogs/southasiasource/the-problem-with-indias-app-bans/ (last visited on 8th Aug 2024 7:10 PM)

[3] Ayushi Dubey, Tissy Annie Thomas, Shrishti Vatsa, and Christina “Understanding general data protection Rights” June 16^th,2018 https://blog.ipleaders.in/gdpr-general-data-protection-rights/ (Aug 8^th,2024 7:49 PM)

[4] Adv. Komal Arora “Data privacy and protection laws in India” Jan,26th 2024 https://blog.ipleaders.in/data-protection-laws-in-india-2/#References (Aug 8th,2024 7:56 PM)

[5] K. S. Puttaswamy v. Union of India AIR 2017 SC 4161

[6] Max Schrems v. Data Protection Commissioner ECLI:EU: C:2015:650

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