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Assault on Citizens Privacy
Omkar Dattatray11/4/2019 10:25:44 PM
We are living in the age of internet, computer and mobile telephony. In fact ours is the age of technology, science and digitalization. We cannot live without the use of these inventions of science and technology. So these inventions cannot be dispensed with, without loss and trouble to us. It implies that internet, mobile phones and WhatApp is not an unmixed blessing and nor can we live without their use. Life in today's world will be dull, lazy, monotonous and inactive without these inventions of mankind. We cannot think of living without their use. But what is worrying and disturbing is the fact that these inventions of technology are misused by man for his selfish ends. Moreover these tools of technology are susceptible to spying, surveillance and hence we should guard against this. The WhatsApp and mobiles snooping is in the news thanks to Israeli spyware, Pegasus which was used to spy on journalists, activists, lawyers and politicians in India. If the reports in the press are to be believed and are true then this is the naked assault on the fundamental right to privacy of the citizens and should be thoroughly probed .The apex court of the country has held two years ago that right to privacy is a fundamental right and the government should protect the individual's right to privacy and it should fallow protocol if it thinks any surveillance is necessary in terrorist and criminal activities. Thus proper safeguards should be used while surveillance on individual data. Pegasus was used to target the whatsApp messaging service of selecting individuals and gain access to their entire phone data. Pegasus is owned by the NSOgroup of Israel .It appears that the activists and lawyers associated with the Bima Koregaon case, those who fight Maoists violence and diplomatic journalists were among the basic targets. Servillence of the individuals and entities is illegal. We have standard protocols for mobile and phone interception when the government is of the view that snooping is necessary in case of terrorist and criminal activities. It also reveals that technology is not without perils. It is particularly so with the mobile telephony which has become indispensable part of the modern life. The whatsApp promises security meaning thereby that the messages would not be intercepted and privacy will be maintained. But this myth stands busted today with these press reports about spying of selected individuals and organizations. A person feels more vulnerable than before. It also points to the fact that Indian fundamental right of privacy can be violated with impunity. Pegasus is generally sold to government agencies. Those who have been targeted with snooping are the bitter critics of the government and have spoken against the rulers. The government has unequivocally said that it has nothing to do with snooping. Besides the government has called an explanation from WhatsApp. There is the pressing need to legislate on this urgent matter and pass the Personal Data Protection Bill which is lying with parliament. There is need to pass the bill with more safeguards for individual privacy. As disclosures about the surveillance of citizens using WhatsApp rocked India this week, it brought to fore again the vulnerabilities citizens face in the new technology driven world .As the controversy raged over the use of malware on messaging service whatsApp, it emerged that a general alert was sent out by the computer Emergency Response Team on May 17th. A second alert was issued on May 25, which urged all government departments and security forces to take corrective action. India is collecting personal data through government and private agencies and we do not have legal framework to safeguard the citizen's right to privacy. We are wanting in having a personal data protection legislation inspite of the supreme ruling some two years ago. The apex court verdict was all inclusive and it also implies that the government should safeguard the citizen's right of privacy besides prohibiting it not to intervene on people's privacy. The fact is that India's surveillance laws are for the previous age. Given the changes in technology the present laws are outdated and cannot be used to protect the citizen's privacy. Personal data protection bill should be introduced in the winter session of the parliament. Besides the bill data protection regulator should be created to put an eagle's eye on such snooping and surveillance. But in the ultimate analysis it is the citizen himself who should take reasonable care and caution while using WhatApp and mobile telephony. Let us hope that the government will only snoop rarely and with safeguards and maintain individual's privacy which is his basic right.
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