Intricacies of Privacy Protection in Electronic Transactions: A Critical Analysis

Abstract

In electronic transactions lots of issues such as jurisdictional issues in case of disputes, identification of true identity, Spoofing, privacy protection so one and so forth are involved at par. This paper is all about analyzing the issue of data protection and privacy. Privacy is an important aspect of one’s life, as everyone desires to maintain privacy of his life, his profession, his work plan and of his transactions as well. Privacy is a fundamental human right recognized in the UN Declaration of Human Rights the International, the Covenant on Civil and Political Rights and in many other international and regional treaties. Protection of privacy in online transactions is not an easy task as the privacy in electronic transactions in not only infringed physically but virtually as well. We have much technological software like cookies, Trojan, web bugs, so one and so forth infringing the privacy of the data directly and indirectly. Assurance of privacy and its proper protection inculcate trust in the parties and thus lead the people to get through more and more deals in online mode. It is quite evident that assurance of privacy and its protection will definitely lead electronic transactions a step ahead as is desired in the realm of globalization, industrialization and privatization. Indian context has right to privacy as constitutional rights and online privacy protection is being provided in Information Technology Act, 2008 as well in other scattered statues like SEBI’s regulation for privacy protection through companies, RBI’s Guidelines to protect online privacy in electronic banking system etc. So the issue is not that the legal provisions are not there to protect privacy in electronic transactions but the issue is 'that whether the legal provisions in Indian Legal system are efficient enough to promote protection to privacy and security of data in electronic transactions going through all the challenges powering out the world of electronic transactions.' The safety and security of a customer’s personal information lies within the hands of the business. And Being a Governing Body State is under an Obligation to protect provide and to promote the legal rights of the individuals. So it would be interesting to look into that how the State laws and policies are providing protection against the privacy infringement and where it is lagging behind. And what can be done as improvements in the Legal framework of Internet to procure more and more security to the privacy of the users of Internet.