Liability of Internet Intermediaries in the Protection of Right to Privacy

A new generation is a technology driven generation. From the morning till the time to bed everybody is dependent on various kinds of applications for their day-to-day work. We are bound to provide our personal and sensitive information willingly or unwillingly to the internet intermediaries for getting our things done. Online intermediaries are the entities that facilitates the transaction executed through internet. A huge amount of data that flows through such internet intermediaries on a daily basis generates numerous privacy concern. In India though right to privacy is not explicitly guaranteed under Indian Constitution but through various judicial pronouncement it has been established that it is an intrinsic part of right to life and personal liberty under Art.21 of the Constitution. In order to comply with the mandate of the apex court for securing the right to privacy of an individual, the government has taken many legislative measures from time to time. However, the government actions taken in this regard are not adequate. Firstly, these legislative measures are not satisfactory to protect the personal data collected by intermediaries and secondly, they are inefficient to protect the individual from infringement of his right to privacy. Moreover, the laws regulating internet intermediaries and protecting individuals’ privacy rights are scattered. The IT Act 2000 imposes liability on the intermediaries to protect the personal data of the individual which they collect and handle. The IT Rule 2011 and the recent IT Rule 2021 are the further steps taken by the government for regulating the internet intermediaries like Facebook, Twitter, WhatsApp, and other OTT (Over the Top) platforms which are providing services in India. The advancement in the technology and our huge dependence on internet requires that there should be stringent privacy law. The Personal Data Protection Bill is in the stage of finalization, but it is also facing controversies all around. In the meanwhile, till the privacy law has not taken final shape, there should be a harmony between the law governing the intermediaries and the protection of right to privacy of an individual.