THE EFFECT OF THE NEW TECHNOLOGY ON DIGITAL ERA PRIVACY RIGHTS

This article is written by Shreya Manoga of 3^rd Semester of BALLB (Hons.) of University of Petroleum and Energy Studies, an intern under Legal Vidhiya

ABSTRACT:

The digital era’s rapid technological advancement has brought about previously unheard-of levels of convenience, connectedness, and efficiency, but it has also given rise to grave worries about the protection of individual privacy rights. This abstract examines the various ways that new technologies are affecting personal privacy in the context of the digital era. The introduction of sophisticated surveillance technologies, the widespread use of connected devices to capture personal data, and the pervasive impact of big data analytics and artificial intelligence are all considered to be major factors in the revolution of the privacy scene. The delicate relationship between technology and privacy is further highlighted by the integration of biometric technologies, the implications of blockchain and cryptocurrencies, and the issues provided by the global nature of the internet.

The abstract delves into the legislative obstacles linked to the ever-evolving technology ecosystem and the mounting risk of cybersecurity breaches. Policymakers, engineers, and the general public must all grasp the consequences of emerging technologies on digital-era privacy rights as society strikes a delicate balance between technological progress and privacy preservation.

The digital era’s rapid technological growth has had a major impact on privacy rights. The privacy of individuals is becoming more and more vulnerable due to the widespread use of emerging technologies like biometric recognition systems, big data analytics, artificial intelligence, and the internet of things (IoT). These innovations have completely changed the methods for gathering, storing, and using personal data, which has led to worries about monitoring, data breaches, and illegal access to private data.

A major issue brought about by modern technology is the massive gathering and processing of personal information. Businesses and governments use sophisticated algorithms to collect vast amounts of data from a variety of sources, such as social media, internet behaviours, and Internet of Things devices.

Furthermore, there are serious privacy concerns now that biometric identification technology are being incorporated into daily life. Unique identifiers like fingerprints, facial recognition patterns, and DNA profiles are examples of biometric data that, if hacked, can lead to serious privacy violations. Discussions concerning the moral and legal ramifications for people’s right to privacy have been spurred by the use of biometrics in surveillance, authentication, and identity systems.

New legal frameworks are desperately needed to protect privacy rights when new technologies emerge on a regular basis. The issues brought by technology improvements are reflected in legislation like the California Consumer Privacy Act (CCPA) in the United States and the General Data Protection Regulation (GDPR) in the European Union.

KEYWORDS:

Digital Security Innovative Technology, Rights to Privacy ,Impact of Technology ,Technologies for Data Protection and Surveillance ,Threats to Cybersecurity ,Synthetic Intelligence ,Internet of Things (IoT) , Technologies Biometric ,Breach of Data

INTRODUCTION:

Privacy is an important and key aspect of our lives. [1]The digital era has witnessed an unprecedented breakthrough in technology, resulting in a quick progression that has changed people’s interactions, communication, and methods of navigating the world. A new privacy law was enacted by India on August 11, 2023, named as Digital Personal Data Protection Act,202.[2] A crucial aspect that requires our attention as we embrace the comforts and efficiency provided by these breakthroughs is the significant impact that new technologies have on privacy rights. Once characterized by sparse online exchanges, the digital world has developed into a complex ecosystem where personal data is both a valuable resource and a possible source of vulnerability.

The definition of personal privacy has changed dramatically as a result of the trajectory of technological advancement, from the early days of the internet to the present, artificial intelligence-dominated period. The complex interplay between new technologies and digital era privacy rights is examined in this introduction, which also looks at the potential, problems, and current discussions that influence this dynamic interaction. As we investigate this complex area, it becomes clear that comprehending how technology advancements affect privacy is not just a matter of the present but also a vital part of our collective journey into a future that is becoming more digitally connected and integrated.

OBJECTIVES:

Goal 1: Analyze the Development of Privacy Rights in the Digital Age:

Examine the evolution of privacy rights historically in the digital age, noting significant turning points and changes brought forth by technological breakthroughs.

Goal 2: Evaluate the Effects of Pervasive Data Gathering

Examine the effects of mass data collecting made possible by new technology, considering the implications for personal privacy rights and possible difficulties with data governance.

Goal 3: Assess the Function of Surveillance Technologies

Analyze how common surveillance technologies are and how they affect privacy rights in public and private spheres using tools like facial recognition and predictive analytics.

Goal  4: Examine the Impact of Big Data and Artificial Intelligence:

Examine how artificial intelligence and big data analytics affect privacy, paying particular attention to decision-making procedures, profiling, and potential biases in algorithms that may have an impact on people’s privacy.

Goal 5: Examine the Possibilities and Difficulties of Biometric Technologies

Examine the usage of biometric technologies (such as fingerprint scanning and facial recognition) and how they affect privacy rights, taking into account worries about data security and illegal access.

EVOLUTION:

The dynamic and continuous process of how new technologies affect privacy rights in the digital age is characterized by the constant interaction of technology breakthroughs, societal norms, and legislative frameworks. Digital privacy has undergone multiple unique phases over time, each with its own set of difficulties and solutions.

Early Period of Digitalization (the 1990s–2000s):

The launch of the Internet Digitalization began with the widespread use of the Internet, which created new channels for information sharing and communication. Since basic communication and information retrieval were the main uses of the internet during this time, privacy issues were very minimal.

Growth of Online Services and social media (Mid-2000s–Early 2010s):

• Explosion of social media: As social media platforms gained popularity, so did the amount of voluntarily disclosed personal information online.
• Data Monetization: As businesses started to profit from user data, worries about the commoditization of private data and targeted advertising grew.
• In the 2010s, mobile technology and the app ecosystem
• Smartphone Proliferation: As smartphones were widely used, a new era of continuous connectedness began, with users producing enormous volumes of location-based data.
• Privacy Issues with Apps: Concerns regarding the widespread acquisition of user data by third-party applications—often without explicit authorization from users—were brought up by the app ecosystem.

From the mid-2010s to the present, IoT and ubiquitous connectivity:

• Internet of Things (IoT): As a result of IoT devices being incorporated into everyday life, data from wearables, smart homes, and other linked devices is constantly being collected. There has been a change in the information from the past.[3]
• Advanced surveillance technologies—like facial recognition and predictive analytics—have proliferated, prompting worries about privacy in both public and private settings.

Big Data with Artificial Intelligence (Present and Future):

• Advanced AI Algorithms: More advanced profiling, decision-making, and predictive analysis have been made possible by the combination of artificial intelligence with big data analytics.
• Considering Ethics: Digital privacy arguments now center on the ethical implications of AI, particularly concerns about bias and opacity in algorithms used to make decisions.
• International Privacy Laws and Conscience (Today and Tomorrow):
• GDPR and Privacy rules: A growing global understanding of the value of safeguarding individual privacy is reflected in the establishment of historic privacy rules such as the General Data Protection Regulation (GDPR).
• Public Education and Litigation: There is pressure on businesses and authorities to prioritize user privacy due to the growing public knowledge of and activism for digital privacy rights.

Future Challenges and Emerging Technologies (Future):

• Biometric Developments: Continued developments in biometric technologies, such as DNA profiling and facial recognition, provide significant obstacles to privacy rights.
• Decentralized Technologies: As decentralized technologies like blockchain gain traction, new avenues for privacy protection are opened up, however, concerns are raised about how these developments may affect governmental control.

IMPORTANT CHARACTERISTICS:

The features of privacy rights in the digital age have changed in response to how information and technology are developing. The following are some crucial qualities:

• Data Security: Ownership and Control: People are entitled to the ownership and control of their personal information, including the knowledge of how it is gathered, used, and distributed.
• Educated Consent: Transparency: Before collecting personal information, consent from individuals should be gained clearly and understandably, and individuals should be informed about data collection practices.
• Cybersecurity: One of the rights to privacy is the expectation that businesses will put strong security measures in place to shield personal information from breaches, illegal access, and online dangers.
• Data Access: People are entitled to view the personal information that companies have about them and to ask that any inaccurate information be updated or corrected.
• Goal Restriction: Personal information should only be gathered and utilized by organizations for explicit, legal purposes that are made known to persons at the time of collection.
• Data minimization: One of the main features that promotes privacy is the idea of simply gathering the bare minimum of data required for a certain purpose.
• Fair Treatment: Individuals’ privacy rights guarantee that they are not subjected to unfair treatment because of their traits or preferences by guarding against discriminatory actions based on personal data.

IMPACT:

Digital era privacy rights are deeply impacted by modern technology, which has far-reaching effects on people’s lives, communities, and the larger human interaction environment. This effect can be viewed from a variety of angles, taking into account both advantages and disadvantages.

Favorable Effect:

• Enhanced Connectivity and Communication: The advent of new technologies has made it possible to connect and communicate at previously unheard-of levels, which has promoted international cooperation and information sharing. While increased connectedness fosters better social interactions and knowledge exchange, it also makes appropriate data management necessary to shield people’s privacy against invasions.
• Technological Safety Measures: Personal information is protected by advances in cybersecurity and encryption technologies, which also give people the means to secure their digital identities and conversations. These technologies are essential for protecting sensitive data’s integrity and confidentiality.
• Technological developments that provide privacy challenges also give rise to creative solutions in the field of privacy protection. Differential privacy and decentralized systems are examples of privacy-preserving technologies that attempt to balance the need for personal data protection with the advancement of technology.
• Empowerment via Control: Thanks to some technology, people have more influence over how they appear online. Users can choose who can access their information and how visible it is on social media platforms by adjusting the privacy settings. The laws still hep to protect the data privacy concerns.[4]

Adverse Effect:

• Ubiquitous Data collecting: There are worries about the erosion of privacy due to the widespread collecting of personal data, frequently without clear user agreement. People create enormous volumes of data from their daily interactions with smart gadgets and their online activities, which can be used for a variety of purposes.
• Surveillance and Intrusion: The use of sophisticated surveillance technology, such as facial recognition and predictive analytics, raises the possibility of uninvited personal invasion. This goes beyond the public sphere, permeating private areas and upending conventional ideas of individual liberty.
• Algorithmic Discrimination and Bias: Artificial intelligence, which is powered by machine learning algorithms, has the potential to unintentionally reinforce prejudices, resulting in discriminatory practices in the banking, law enforcement, and employment sectors. These algorithms’ opacity heightens questions about responsibility and justice.
• Data Breach and Cybersecurity Risks: People are more vulnerable to identity theft and financial fraud due to the growing frequency and scope of data breaches. Strong cybersecurity safeguards are increasingly necessary as thieves find personal information to be a profitable target.
• Difficulties with Regulation and Enforcement: Developing comprehensive regulatory frameworks is often not kept up with the rapid advancement of technology. Due to this delay, it becomes more difficult to enforce privacy laws, giving people few options for redress when their rights are violated.

LEGAL CASE LAWS:

• Maximillian Schrems v. Data Protection Commissioner, European Court of Justice (2015, 2018):  In 2015, the court declared the Safe Harbour Agreement unconstitutional, which prompted the creation of the EU-US Privacy Shield. However, the “Schrems II” ruling in 2020 rendered the shield unenforceable. The decisions emphasized how crucial it is to guarantee comparable data protection requirements when sending personal information across international borders.
• Carpenter v. United States (2018):  The Fourth Amendment’s prohibition against unjustified searches and seizures was upheld by the U.S. Supreme Court, which decided that obtaining cell phone location data without a warrant was unlawful. The ruling acknowledged that people have a legitimate expectation of privacy with regard to their digital information.
• Google Inc. v. Agencia Española de Protección de Datos, European Court of Justice (2014): The court’s decision in support of the right to be forgotten established that, under some circumstances, people have the right to ask for specific personal information to be removed from search engine results.
• Riley v. California, United States (2014): The U.S. Supreme Court stressed the necessity for a warrant based on probable cause when it decided that warrantless searches of digital data on a cell phone after an arrest are typically not allowed.
• India – Union of India v. Justice K.S. Puttaswamy (Retd.) and Others (2017):The Indian Supreme Court imposed limitations on the use of Aadhaar and acknowledged the right to privacy as a basic right,

FUNCTION OF THE SURVEILLANCE TECHNOLOGIES:

Applications for surveillance technology span a wide range of industries, from commercial to public safety and security. Depending on the situation and how these technologies are used, surveillance technologies can serve both useful and controversial purposes. The following are the main purposes of surveillance technologies:

• Crime Prevention: To improve public safety and discourage criminal activity, surveillance technologies are frequently used. Public areas with visible cameras can serve as a deterrent, lowering the possibility of criminal activity.
• Investigation and Forensics: In criminal investigations, surveillance film is an essential piece of evidence. It helps investigators identify potential culprits, make sense of what happened, and put timelines back together.
• Monitoring of infrastructure and traffic management: Using cameras and sensors, traffic conditions are tracked, traffic jams are managed, and overall road safety is improved. Automated systems are capable of issuing tickets and identifying infractions.
• Infrastructure Monitoring: For security and maintenance reasons, surveillance technologies are used to keep an eye on vital infrastructure like public buildings, bridges, and tunnels.
• Safety of the Nation: The monitoring and security of national borders is made possible by surveillance technologies, which are essential to border control operations. To identify and stop unauthorized border crossings, sophisticated surveillance systems, cameras, and sensors are used. The allegations of the violation of the rights of privacy have been noted by private entities as well as the government.[5]
• Loss Prevention: Shoplifting and theft are discouraged by surveillance cameras in retail settings. They also support the process of locating and detaining those engaged in fraudulent activity.
• Customer Analytics: To improve marketing and optimize store layouts, businesses use surveillance technologies to analyze foot traffic, research consumer behavior, and provide customer analytics.
• Security in Transportation: Monitoring travelers, their belongings, and the airport’s infrastructure is made easier with the use of surveillance. Identity verification may make use of cutting-edge technologies such as facial recognition.
• Emergency Response: To monitor and control crucial circumstances, including natural catastrophes or public health problems, emergency response systems use surveillance technologies, such as cameras and sensors.

CONCLUSION:

To sum up, the studies conducted on how new technology affects digital era privacy rights highlight the complex and dynamic relationship that exists between the development of technology and the basic right to privacy. How personal information is gathered, processed, and used has undergone an unparalleled change in the digital age, which presents both opportunities and difficulties for the protection of individual privacy.

The development of privacy rights in the digital age exposes a complicated environment characterized by the pervasiveness of data collecting, the power of surveillance technology, and the significant influence of big data analytics and artificial intelligence. The complexity of digital privacy is further compounded by the emergence of biometric technology, the incorporation of blockchain, and the ever-expanding domain of social media.

In contrast, technology has made it possible to be more connected, efficient, and innovative, but it has also raised questions about data security, algorithmic biases, and the commoditization of personal data. Rapid technology advancement frequently surpasses the creation of strong legal frameworks, leaving people open to privacy violations and emphasizing the necessity of flexible and responsive governance.

The study has emphasized the significance of user empowerment, openness, and informed consent as essential cornerstones in the defense of digital age privacy rights. Global acceptance of the necessity to create legal frameworks that strike a balance between the advantages of technology advancement and the necessity to protect individual privacy is demonstrated by regulatory initiatives like the General Data Protection Regulation (GDPR).

The research foresees enduring difficulties brought on by cutting-edge technology, such as biometrics, decentralized systems, and the continual development of surveillance capabilities. Stakeholders, including legislators, tech companies, and the general public, must work together to create morally sound, legally binding, and transparent solutions that protect privacy without impeding innovation.

The study essentially emphasizes the necessity of tackling the effects of new technologies on digital-era privacy rights from a comprehensive angle. In the digital age, societies can strive to achieve a delicate balance that respects and upholds the intrinsic rights of persons while fostering technology innovation through the promotion of awareness, ethical concerns, and adaptive regulatory measures. The path to a digital future that respects privacy calls for constant communication, attention to detail, and dedication.

REFERENCES:

• By Diva Rai available at https://blog.ipleaders.in/
• Available at https://www.morganlewis.com/pubs/2023/08/india-enacts-new-privacy-law-the-digital-personal-data-protection-act
• Available at https://kpmg.com/in/en/home/insights/2023/08/digital-personal-data-protection-act-2023-overview.html
• Boruah, Jayanta and Das, Bandita available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3827766
• Available at https://cis-india.org/telecom/knowledge-repository-on-internet-access/internet-privacy-in-india

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[1] Diva Rai, Data Privacy in Digital Age: Indian Perspective, BLOGIPLEADERS(Nov27,2023,6:00PM), https://blog.ipleaders.in/

[2] India Enacts New Privacy Law: The Digital Personal Data Protection Act, MORGANLEWIS(Nov 29,2023,9:00AM), https://www.morganlewis.com/

[3] Internet Privacy in India, THE CENTRE FOR INTERNET AND SOCIETY,(Nov27,2023,5:34PM), https://cis-india.org/

[4] Digital Personal Data Protection Act,2023,KPMG,(Nov22,2012,7:45), https://kpmg.com/in/en/home/insights/2023/08/digital-personal-data-protection-act-2023-overview.html

[5] Boruah, Jayanta and Das, Bandita, RIGHT TO PRIVACY AND DATA PROTECTION UNDER INDIAN LEGAL REGIME (March 16, 2021). DME Journal of Law, Volume 1, 2020, available at, https://dmejl.dme.ac.in/article/bandita-das/, Available at SSRN: https://ssrn.com/abstract=3827766

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