Law of Tort
Law of Tort
Law of Tort
I would like to express my sincere gratitude to the following individuals and organizations for
their invaluable support and assistance in the completion of this research project.
First and foremost, I would like to express my deepest appreciation to my supervisor, Ms. Manvi
Singh for her guidance, support and encouragement throughout the entire research process. Her
insights and feedback have been instrumental in shaping the direction and scope of this study.
I am also grateful to my Head of Department Dr. Rajinder Kaur Randhawa for her assistance
with data collection and analysis, without which this research would not have been possible.
In addition, I would like to acknowledge the support and encouragement of my family and
friends, who have provided me with emotional and moral support throughout this challenging
journey.
Finally, I would like to express my gratitude to the Delhi Metropolitan Education for providing
the resources and facilities necessary to carry out this research.
Kushagra Soni
Delhi Metropolitan Education, Noida
1st Year BA LL. B
Abstract:
In the dynamic nature of the online world, the tools and problems of privacy violations are
changing rapidly. Data analysis provides a deeper understanding of relevant entities such as
individuals, organizations, and governments. Work is currently ongoing to discuss the status of
various privacy related issues, relevant regulations, and their significant impact on society.
Stories about privacy breaches raise concerns about personal privacy and require governments to
enforce privacy laws and regulations. This research provides a deeper understanding of the
causes, current trends, and consequences of privacy breaches. Abuse victims find it difficult to
cope with the misuse of technology. Policy makers should focus on things that are not visible
and emotional but can affect people, groups and society (Dinev et al., 2015). Privacy research is
useful to researchers in psychology, communication, management, media education, behavior,
law and management, and public policy scholars. This research will also help create a judicial
framework that improves private law.
Introduction:
Since the Stone Age, people have lived in closed spaces for personal safety and well-being, thus
creating the concept of isolation and spiritually supportive communities. This distinction
between the individual and the individual has further enhanced the privacy awareness of
different regulations. Therefore, privacy is a social need (Dinev, 2014). Privacy is defined as:
The evolving need for privacy to prevent disclosure of mistakes, bruises, and unwanted contact -
(Westin, 1967). Privacy is the right to be free from intrusion or interference (Warren and
Brandeis, 2005). Physical privacy, gated mansions, tent windows, etc. It is defined by physical
boundaries such as. With the advent of electronic devices, privacy has expanded from physical
privacy to private information anonymized as information or private information because it can
be accessed through the body. Keeping the body secret is a relationship that is difficult to break
due to people's bad behavior. Today, technology is ubiquitous for unauthorized access to both
physical and personal data. There are no visible boundaries to distinguish privacy in the online
world. It is easy to bypass privacy boundaries in cyberspace through IP addresses and cookies
(Regan, 2002). With the development of various electronic devices and information
technologies, the violation of physical privacy as well as the violation of personal information
has disappeared. While some researchers view the combination of physical and informational
boundaries as the separation of boundaries, others see the lack of intention to separate these
boundaries (Jeff Smith et al., 2011a).
Economic gain, consumption health and wellness, physical abuse, anti-social behavior,
intelligence, etc. Having the ability to compromise privacy to gain power over others for
personal gain, such as. Individuals, organizations, and governments are equally responsible for
privacy violations. In general, violations of people's privacy arise from the gender-specific
physical and psychological effects of private camera surveillance. People, especially women (1
in 6 women), are more likely to be bullied online than men (1 in 19 men) (Jovanovic, 2022).
Reasons why private criminal organizations increase money and business expansion. The privacy
impact of this organization arises from cookies sent to the user's personal machine
(desktop/laptop, etc.) for the purpose of spontaneously collecting personal data.
Consequences:
Data breaches are increasingly raising privacy concerns. Since 2000, privacy concerns have
gradually increased, with many "data loss" incidents. Individuals report more personal outreach
from organizations to customize their search experiences (Antón et al., 2010). The consequences
of privacy violations are many mental and physical problems for people. These are fear,
dissatisfaction, anger, insecurity, depression, depression, doubt, avoidance, unhappiness,
sadness, bad behavior, etc. can be classified as. Many important researchers in this field have
examined this issue as follows: Tamara Dinev (2008) recognizes that surveillance has social and
psychological costs for people. The article, “Employee Stress and Health Concerns in
Workplaces with and Without Electronic Testing,” references an experiment conducted by
Smith. Many privacy studies, such as depression and anxiety, confirm that privacy violations
occur in many ways. He deserves long punishment. Such privacy violations require legal and
effective judicial and judicial action in the country. One cause of private crime: The need for
government regulation. The government makes laws and regulations based on private law to gain
public trust and protect people from illegal use by politicians to gain power. All countries have
privacy protection laws written into their laws and have judicial systems that are frequently
updated based on technology. To protect against cybercrime, both individuals and organizations
need to implement critical infrastructure, use good computing, cybersecurity, cloud security, and
IoT (Internet of Things) security (Jovanovic, 2022). Terms regarding confidentiality and
invasion of privacy. Stories about privacy breaches raise personal concerns and demand for
government policies and regulations.
While India lacks an explicit constitutional right to privacy, the right to life and personal liberty
enshrined in Article 21 encompasses privacy rights. Additionally, common law principles and
various statutes offer protection against privacy invasion:
Common Law: Indian courts have recognized privacy rights through principles like
trespass and breach of confidentiality.
Specific Statutes:
o The Copyright Act protects the expression of ideas in creative works.
o The Information Technology Act addresses data privacy concerns and regulates
the collection, storage, and dissemination of personal information.
o The Right to Information Act provides a framework for accessing government-
held information while safeguarding individual privacy.
Landmark Judgments:
1. Katz v. United States (1967): This case established a “reasonable expectation of privacy” test.
The court ruled that attaching a listening device to a public phone booth constituted an
unreasonable search and seizure, violating Katz’s privacy.
2. Roe v. Wade (1973): While not explicitly about privacy, this case has privacy implications. It
recognized a woman’s right to privacy in making decisions about her body, including abortion.
3. Puttaswamy v. Union of India (2017): This landmark judgment recognized the right to privacy
as a fundamental right under the Indian Constitution. This has significant implications for data
protection and government surveillance practices.