Research Paper Topic-Data Protection Laws in India To Safeguard Privacy in Social Media-A Facebook Case Study

The document summarizes a research paper on data protection laws in India regarding privacy on social media, using Facebook as a case study. The research paper examines the current legal frameworks and laws to see if they adequately protect user privacy and security online. It analyzes privacy challenges from a legal perspective, surveying Facebook users in India. The results show that current laws are still evolving and not fully addressing specific issues of online privacy infringement. The research aims to assess user vulnerabilities and how legal tools can better safeguard privacy.

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Research Paper Topic-Data Protection Laws in India To Safeguard Privacy in Social Media-A Facebook Case Study

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RESEARCH PAPER TOPIC-Data

Protection laws in India to

safeguard Privacy in Social
Media- A Facebook Case Study

RESEARCH PAPER
SUBMITTED BY- PRASHANT VERMA
ENROLLMENT NUMBER- A03104421085
SUBJECT-Legal research and advance writing
 Background:communicating to people has been evolved after Social
media networks came into the picture.Business cycles and social
1

cooperation’s spin more in the internet. In any case, as these digital

innovations advance, clients become more presented to security
dangers. Administrative structures and lawful instruments as of now
deficient with regards to a solid digital presence are needed, for the
assurance of clients.

 Objectives:There is need to investigate and assess the degree to which

users are presented to weaknesses and dangers in the light of the
current Protection laws and arrangements. Besides, to explore how the
current lawful instruments can be improved to all the more likely
secure clients.

 Method: This researchassesses and examinations these security challenges

from a legalistic perspective. This research is centered around Indian
Facebook account holders. Survey data assembled from the profile pages of
clients at of Facebook was examined. A short study was additionally
gathered information results. Clear insights, including proportions of focal
inclination and proportions of spread, have been utilized to introduce the
information. Likewise, a blend of arranged and graphical depiction
information was additionally summed up in an important manner. Results:
The outcomes obviously show that the lawful structures and laws are as yet
advancing and that they are not enough drafted to manage explicit digital
infringement of security.
RESEARCH PROBLEM
 According to certain reports, it was suggested that about 40% Indians had internet access in
2018. Besides 45 million active users on internet, there are around 25 million active social media
users in India. Considering that thedata generated everyday is more than 2.5 quintillion bytes.
On the social media,the personalised information, photo, videos, status are updated by the
users. Before accessing their services,the user accepts the terms and conditions of the online
agreements/ click wrap contracts. Such contracts are mostly of one sided nature and favours
social networking platforms, after the user uploads his personal details on such site, it leaves his
privacy to get exposed and when such social networking sites tries to manipulate the user
information and even trade it with the commercial viewpoint to third parties, in turn exploiting
the user as a potential buyer and thus, increasing the possibility of data theft and breaches to
privacy.
 The survey is conducted in order to understand the opinion of legal professionals on the relation
between privacy rights of users and social media and the urgent need to enact data protection
laws.

RESEARCH OBJECTIVES
 To examine the awareness about the contractual obligations among the users while signing
up the click wrap agreement of networking sites like facebook.
 To examine the user perspective in relation to their privacy violation issues of their personal
data posted to the social media platforms.
 To examine the viewpoints of the legal professionalson click wrap agreements and privacy
concerns related to social media.
 To examine the issue related to the exploiting of personalised user data by the networking
sites as a result of the click wrap contract agreed upon by the two parties and the
possibility of sustainability of such Contractual right although it violates the right to
privacy.
 To suggest the immediate need for strict data privacy regulations on personal data over the
social networking platforms.
METHODS, METHODOLOGY AND
TECHNIQUES
 RESEARCH METHODOLOGY:
The present research conducted by the researcher is in the form of a non-doctrinal
or empirical research. Empirical research includes research focused on findings
and tests. The key aspect on which the study is focused is the online questionnaire
conducted by the researcher and the answer to those questions. For this cause,
the researcher has extensively investigated the field of study by concentrating on
particular problems and has precisely prepared the questionnaire for the people
having legal expertise and understanding on the subject matter, given that the
subject of this research has a socio legal aspect attached to it. The findings are
being presented after going through several articles and books on the subject by
the researcher.

 METHODS:
 The Researcher has focused upon the data collection process of the sampling
survey. The relevant data has been obtained by circulating the online
questionnaires to the correspondents living in and around the cities of Delhi NCR
and Kolkata. For this reason, the Researcher has abided to the uniform Blue Book
(20th edition) method of citation.
TOOLS OF RESEARCH
 i. Survey
 ii. Observational study
 iii. Discussion
 iv. Case study
 v. Various research articles
 vi. Analysis
 vii. Inference

Literature Review
 Agnieza A. McPeak talks about the careful balance between the civil litigation,
Free data access and preventing the overreach. It also emphasise on how the privacy
issues in the social media can be further explored by demarcating the limits of civil
discovery as an element of proportional research.
 Agnieszka A. McPeak, Social Media, Smartphones, and Proportional Privacy in Civil
Discovery, 64 U. Kan. L.Rev. 235 (2015)

 Dr.Shivshankar Singh explains aboutthe interconnection and close link between

data security and privacy. The article sheds light on the history of the privacy
rights and its evolution. It further elaborates about the civil and criminal
liability along with data security Dr.Shivshankar Singh, Data protection and
Privacy in india(2012)
Chapter 3
THEORETICAL FRAMEWORK
 Social Media Consumption
Social Networking has become identical to the concept of
being able to reach people, to make new contacts. In order to
bring about contact with social media and the law, it is
important to understand the forms of social media used by
people on a regular basis and how the law defines them.

Background to development of social media

This chapter explain the background and development of
social media and it’s impact on soacilizing world and tells the
impact of the development of social media
1
 Right to privacy
Two of the most contentious “issues related to social media networks
and their data collection practises are how the data is handled and
how privacy rights are protected. The right to freedom of speech and
information, as well as the right to privacy and living with human
dignity, may be threatened by social networking sites, which may
protect” unfair practises.
This chapter tells about the social media and data misrepresentaion
by social media this explains how the data can be manuplated on
social media.
 Improvement of Right to privacy in India
Article 21 – Right to privacy was included in as right to privacy on
social media indian counstitution has provided right to privacy in
social media also indian law has changed according to globalizing
world.
Aticle 19(1) – has included freedom of expression in every form
included right to free speech on social media too.
This chapter has theorotically explained the privacy laws in india and
how it has changed with the time
What is data privacy?

 Data privacy is appropriately defined as the proper use of data. “If

businesses and traders use the data or information given or delegated
to them, the data should be used for the purpose accepted. The need
to protect strict privacy of data is more strictly applicable to the
collection of personal data, such as medical records, financial data,
criminal records, political records, business-related information or
website data, but at a time when most of the personal information is
widely exchanged and available through large social media channels,
the strictness of privacy of data has become more useful than ever in
context of data shared.
 Why is data privacy importatnt?
This chapter has explained the data privacy and it’s importance in the
new globalizing world and internet era this theoretical chapter has
explained the importance of data privacy because it’s the emerging
field and the new era changing world
Chapter IV

Analysis based of questionnaire

 The accompanying examination depends on the Questionnaire that

was circulated and topped off by attorneys, law understudies, digital
law specialists just as experts from non lawful foundation in
particular organization and media transmission engineers, computer
programmers, and showcasing experts.
Research
 Facebook has almost 75 % of legal professionals regular users.
Empirical data analysis:-

 But just 20 % of clients figure out how to peruse & comprehend the terms and

conditions prior to clicking 'I Agree'consensual click wrap arrangement

 80% “of the professionals opine that such contracts are unilateral contracts and are not

conscionable and gives Facebook unrestricted access to use their data. Also same
percentage of people strongly feel that there should be room for some negotiations
before surrendering their privacy to social media giants instead of their take it or leave
it policy.”
 90% “of the professionals have been targeted by the online Advertisements based upon

their interests, the data of which is available on Facebook. The third party intrusion has
been taken very seriously by the respondents and think it is an intrusion in their private
space thus affecting their right to privacy.”
 Facebook have permission to access“users phone numbers, Facebook Mobile App

having access to call logs and other details. As per the Government norms the mobile
numbers are to be linked with the Aadhar Unique Identification Number. This UID is
linked with the Bank Accounts. When asked to the respondents 85% of the professionals
sensed a threat of their data not being safe. If Facebook has such personalised data
which in turn might be very sensitive data in the domain of certain transactions. If the
Facebook uses such sensitive data and creates a business model by a involving a third
party, it would be a serious issue for financial institutions dealing with such data as it
can be misappropriated at any stage given the weak infrastructural issues we have in
India. If further aggravated it might possibly become a national” security issue.
 Around“95% of respondent professionals were of the opinion that there should

exclusively be a Data Protection Law in India to look into such matters of data privacy
and security.”

COUNCLUSION OF RESEARCH PAPER
 The counclusion of research paper would be
that social media is being used by 75% people
in our country and there is the extreme need
for the data protection on social media as
many cases has came up and we have seen
that the data has been manupilated from
social networking sites which is being traded
worldwide , the research paper has a further
explaination regarding all the prespective of
the data privacy and the data analysis
REFRENCES AND BIBLIOGRAPY OF
RESEARCH PAPER
Books Referred:
Nandan Kamath, Laws relating to Computers Internet & E-commerce (2013)
Laura Scaife, Handbook of Social Media and Law (2015)
Pawan Duggal, Mobile Crime and Mobile Law (2016)

Articles Referred:
Agnieszka A. McPeak, Social Media, Smartphones, and Proportional Privacy in Civil Discovery, 64 U.

Kan. L.Rev. 235 (2015)

Dr.Shivshankar Singh, Data protection and Privacy in india(2012)
Stephen E. Henderson, Expectations of Privacy in Social Media,31 Miss. C. L. Rev. 227 (2012)
Office of Information Commissioner, Queesnland, Guidelinse Information Policy Act 2009 Privacy

and Mobile Apps

Adam Berth, Design and Analysis of Privacy Policies (2008)
AnnickaGunnarsson Siri Ekberg,Invasion of Privacy: spam- one result of bad privacy protection

(2003)
Sascha van Schendel, The role of Privacy by design in big Data Analytics(2016)
Neeraj Grover, Right of Privacy in digital Age: Evolving Privacy Laws and their Applicabilty to social

media(2011)

Newspapers Referred:
The Indian Express
The Business Line
The Mint
The Financial Express
 The Times of India
 The Chicago Tribune