Violation of privacy
Violation of privacy refers to any unauthorized or unwarranted intrusion into an individual's personal affairs, communications, or activities, which they have a reasonable expectation to keep private. It is considered a breach of an individual's fundamental right to control and safeguard their personal information and activities from unwanted scrutiny or disclosure by others.
Violation of privacy in the online world, also known as online privacy breaches, occurs when a person's personal information, communications, or activities are accessed, collected, or shared without their consent. This can happen through various means, including hacking, data breaches, surveillance, or deceptive practices.
Here are some common examples of online privacy violations:
A) Data Breaches: When a company or organization's database containing sensitive information is compromised, leading to unauthorized access and potential exposure of personal data.
B) Hacking and Unauthorized Access: Gaining unauthorized access to someone's computer, email account, social media profiles, or other online accounts.
C) Spyware and Malware: Installing malicious software on a person's device to monitor their activities, gather personal information, or control their computer.
D) Phishing: Sending deceptive emails or messages that appear to be from a legitimate source, tricking individuals into revealing personal information like passwords or credit card details.
E) Stalking and Cyberbullying: Unwanted and intrusive monitoring or harassment online, which can involve tracking someone's activities, sending threatening messages, or spreading rumors.
F) Surveillance and Eavesdropping: Illegally monitoring someone's communications, whether it's through wiretapping, recording conversations without consent, or using hidden cameras.
G) Social Media Privacy Settings Violations: Sharing or accessing personal information on social media platforms without the owner's knowledge or consent.
H) Location Tracking: Monitoring someone's physical location through their device's GPS or other location services.
I) Data Mining and Profiling: Collecting and analyzing data from various online sources to create detailed profiles of individuals without their knowledge or consent.
J) Online Tracking and Cookies: Monitoring users' online behavior, often for targeted advertising purposes, without their explicit consent.
K) Non-consensual Distribution of Intimate Images (Revenge Porn): Sharing intimate photos or videos of someone without their consent, often with the intent to harm or embarrass them.
Is it a Crime?
Yes, Violation of Privacy can be considered a crime. In India, it is punishable under Section 66E of the Information Technology Act 2000.
Punishment for violation of privacy (Section 66E IT Act 2000)
According to Section 66E of the Information Technology Act, 2000 whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both.
Explanation.--For the purposes of this section--
(a) transmit means to electronically send a visual image with the intent that it be viewed by a person or persons;
(b) capture, with respect to an image, means to videotape, photograph, film or record by any means;
(c) private area means the naked or undergarment clad genitals, *[pubic area], buttocks or female breast:
(d) publishes means a reproduction in the printed or electronic form and making it available for public;
(e) under circumstances violating privacy means circumstances in which a person can have a reasonable expectation that--
(i) he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or
(ii) any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place.
Violations of privacy can have significant emotional, psychological, and sometimes legal consequences for the affected individual. Laws and regulations regarding privacy vary by jurisdiction, and they often aim to protect individuals from such infringements and provide avenues for recourse if their privacy is violated.