ABSTRACT:
Social media, in today’s digital world, has become an indispensable aspect of daily life, revolutionizing communication, sharing information, and self-expression. Though social media websites provide numerous advantages, they are also extremely harmful to privacy rights. The current paper analyzes the role of social media on privacy rights and highlights both the pros and cons. While social media has raised awareness of privacy concerns, empowered users with better privacy settings, and created a platform for advocacy, there are also concerns like data harvesting, cyberbullying, unauthorized access, and over-sharing that have created genuine privacy threats. The research brings to the forefront the importance of users being watchful of their online behavior and social media platforms taking more robust security measures. Protection of privacy necessitates informed choice, careful sharing of content, and active protection of personal information in a world of fast-paced technological change.
KEYWORDS
Social media, privacy rights, data protection, cyber security, data harvesting, cyberbullying, unauthorized access, online privacy, digital rights, personal data, privacy settings, information sharing, digital footprint, social media regulation, user awareness, data security, online safety, ethical implications, legal frameworks, technological advancements.
INTRODUCTION:
Social media has ingrained itself into our everyday lives in the information and technological age. It has altered how we communicate with each other as well as how we exchange and consume information. Social media offers a lot of advantages, but it has also raised privacy issues.
Privacy rights is a term which means the right to keep personal information and activities private and people’s ability to manage how their personal data is gathered, used, and shared. Privacy rights include the right to know what data is being gathered and how it will be used against the person. Because we know that social media gather and distribute user data. In this digital era, it is important to defend these rights. Social media is affecting privacy rights in very harmful ways. There are some positive and negative effects of social media like it has given us a way to interact with people and share our lives but has also sparked worries about personal information.
Social media is a platform where people can express themselves and share their stories with a worldwide audience. Social media has improved privacy rights in a number of ways like it has made it easier for people to learn about their right to privacy and how it is important to preserve personal data so that so many people are learning about their rights and taking action to protect their privacy rights.
Social media companies are a way of greater awareness as it has strengthened their privacy settings and standards. Social media made it possible to share their struggles and experiences and bringing attention to the necessity of protecting everyone’s privacy. People now have a greater control over their personal information. In privacy settings people can choose who can see their personal information and they can restrict any person from their personal information. All these things give people ability to safeguard their personal information.
In the other hand, privacy rights are also negatively impacted by the social media like over sharing of information on your social media handles.
Accessing to personal data is now very simple on social media. Additionally, nowadays social media has come up with new channels for online harassment and cyberbullying. Because of anonymity of online social media platforms, it might encourage people to create destruction, violation of privacy of others and mental anguish. There are so many flaws in the social media platforms and because of this it is very easy to get access of personal data and security for the hackers and cybercriminals, they easily utilize the flaws of social media platforms.
To sum up, social media has benefited privacy rights by giving people a forum for self-expression, increasing awareness, elevating underrepresented voices, and granting them control over their personal data. However, social media also hurts privacy rights. People should be aware of issues including data gathering, cyber bullying, information sharing, and unlawful access to personal information and take precautions to safeguard their online privacy. It’s crucial to use caution and pay attention to the content provided on social media. To guarantee that their data is safe, users must, therefore, continue to be watchful and make wise choices regarding their privacy settings.
RESEARCH METHODOLOGY:
The research methodology is doctrinal research method in addressing how social media affects a person’s right to privacy. The study will assess current legislation, policies, and legal provisions regarding how issues of privacy are tackled in cyberspace. It will critique policies of key social media networks concerning privacy and check for any legislative safeguards in protection of privacy. Through the examination of these legal documents, the research hopes to establish a clear vision of the effectiveness of existing privacy legislation and recommend changes for improved protection in social media environments.
REVIEW OF LITERATURE
Primary Sources:
- Daniel J. Solove’s Understanding Privacy (2008), Harvard University Press
The intricacies and difficulties of maintaining privacy in a contemporary society where personal information is constantly gathered and examined are covered in this book. Solove talks about how the digital era is changing traditional ideas of privacy and makes the case for stronger legal frameworks to handle the new privacy issues. He makes a compelling case for amendments to better safeguard individual privacy rights by highlighting the shortcomings of the rules as they stand and addressing the subtleties of data collecting and surveillance.
- Daniel J. Solove’s 2004 book The Digital Person: Technology and Privacy in the Information Age was released by New York University Press.
Solove examines the significant influence that technology has on individual privacy in this book, looking at how developments in digital technology have altered the collection, storage, and use of personal data. The book underlines the dangers associated with technology’s quick development and the need for legal frameworks to change in tandem with it. Solove emphasizes that antiquated privacy laws are inadequate to handle the intricate problems that emerge in the digital world.
Secondary Sources:
- Privacy Rights and Social Media (2025) by Siddiqui Abeer Talib, published by IJRASET
This publication examines the intersection between social media use and privacy rights, focusing on the balance between the positive aspects of social connectivity and the inherent privacy risks. Siddiqui Abeer Talib discusses how social media platforms have transformed personal interactions while simultaneously posing threats to user privacy. The study advocates for legislative updates to adequately protect individuals’ rights in an era where digital interactions are increasingly pervasive.
HOW SOCIAL MEDIA COMPANIES USE, COLLECTS AND STORE YOUR DATA?
Social media platforms know more about you can imagine, they know your likes and dislikes, who are your friends and what products you likes. Social media platforms don’t sell your personal data to advertisers. Social media platforms like facebook tracks you that what you do online like what pages you have liked , what ads you have gone through and what websites you have visited but they do not sell your personal data but they do use it to make money, basically they monetize your data. They collect all these informations and divides into the groups of people of different different categories based on their interests and behavior. Advertisers pay to facebook or other social media platform to show their ads to people based on their interest. When you create an account and you consent them to gather your information but sometime users information is collected without their consent.
Instagram employs AI to organize its feed to display posts that users are likely to like or share. Big data and Ai technologies are subsequently utilized to draw analytical findings into user behaviors and access to this data will subsequently be offered for sale businesses catering to specific audience. Social media platforms such as facebook track you across the web by using cookies and track your activity. They also use browser fingerprinting, cross site tracking and geofencing to track you anywhere on the web.
In addition to monitoring your posts, likes, and shares, social media platforms also gather a long list of information on their users such as:
Personally identifiable information: your last name and first name, age, and email address. It can also include any information you provide about your work, work/education history, relationship status, religion, politics, health information, and your hobbies. This kind of information has special privacy protections under the Privacy Act 1988.
Location: where you live, favorite places you go to, and the companies and individuals who are nearby you. Your real-time location is also logged (if Location is enabled) and this is to include where an image was taken or when a file was first created.
Calls and texts: this could also include people saved in your contacts list, who you have phoned and any of your text message history logs.
Your social activity: what you share, content you view, people you engage with, accounts you follow, hashtags, Facebook groups you’ve joined, and any pages you’re associated with and how you engage with them on every platform.
Device data: your mobile carrier or Internet Service Provider (ISP) name, language, time zone, mobile phone number, IP address, rate of connection speed, and sometimes data about other devices in your vicinity or on your network.
Financial data: your debit or credit card number and other card or payment data, and your billing, shipping, and contact information.
LEGAL AND ETHICAL IMPLICATIONS OF SOCIAL MEDIA PRIVACY
Social media privacy encompasses legal, moral and personal issues. Governments, businesses and individuals everywhere are attempting to determine the ideal method of overseeing the collection and use of private information. When it comes to minors and vulnerable populations, privacy issues are considerably greater. Risks including manipulation, cyberbullying, and user-exploiting tailored advertisements can all rise as a result of social media. This implies that businesses should prioritize safeguarding individuals from harm.
Social media algorithms, which determine what material users see, can also perpetuate unjust biases. Companies should offer users control over their own data and be more open about how these systems operate in order to prevent prejudice. Social media companies have to contend with varying privacy standards across nations because of their global operations. Europe, for instance, places a higher value on personal privacy than does North America. Developing a global set of regulations is challenging yet essential due to the cross-border movement of user data.
More stringent legislation is being demanded by many to prevent businesses from gathering and utilizing personal information without consent. The GDPR law in Europe safeguards user privacy by mandating that businesses obtain user consent and be open and honest about data collecting. Although there isn’t a single national data privacy law in the United States, there are regulations for certain sectors, such as healthcare and banking. Companies like Facebook have been sued for gathering data in ways that may be unlawful, and some states are beginning to enact their own privacy regulations.
SOCIAL MEDIA REGULATIONS IN INDIA
Social media in India is governed by data privacy laws such as Digital Personal Data Protection Act, 2023(DPDPA) which is recently implemented by the Indian government. Important clauses of this act include:
- People’s personal information should only be gathered by social media companies with their express informed consent.
- The right to data portability allows a user to ask for the transfer of their data to a different service.
- Penalties for violations: Because of these step fines associated with breaking the Act, platforms are less likely to disregard data security.
Further, we have Information Technology Act, 2000. It is the principal law which governs all areas of electronic communication including social media.
Section 43A: Mandates compensation for failure to protect sensitive personal data.
Section 72: penalizes breach of confidentiality and privacy by government officials.
Section 66E: Criminalizes capturing or publishing images of a person’s private parts without consent.
However, in the Shreya Singhal v. Union of India AIR 2015 SC 1543 case, the Supreme Court invalidated some contentious provisions, such as Section 66A (which dealt with internet content), because of concerns regarding free expression.
RIGHT TO PRIVACY AS A FUNDAMENTAL RIGHT
Article 19 covers freedom of speech and information which includes informational privacy and Article 21 which says the right to privacy is an intrinsic part of the right to life and personal liberty. Indian people have the right to data privacy, which gives them control over how their personal data is gathered, maintained, and even shared. It contains a variety of data. For instance, a person’s bank records, medical records and personal information that he posts on social media or shopping portals.
Under the Indian legal system, which is founded on Article 21, the fundamental right to life and personal liberty, the right to privacy is acknowledged as a fundamental right. In the KS Puttaswamy v. Union of India 10 SCC 1, AIR 2017 SC 4161 ruling, the Supreme Court ruled to interpret Article 21 to include privacy, which was deemed to be crucial for preserving individualdignity.
For instance, when user data is shared with social media platforms for advertising purposes without consent. This violates data privacy and jeopardizes an individual’s autonomy and dignity, both of which are safeguarded by Article 21.
HOW EFFECTIVE THESE LAWS ARE TO TACKLE PRIVACY CONCERNS IN THIS EVOLVING DIGITAL AGE?
The fact that the right to privacy has been established as a fundamental right under Article 21 of the Constitution is one of the best features of India’s legal system. As a legal safeguard against privacy invasion, the Supreme Court’s ruling in KS Puttaswamy v. Union of India (2017) 10 SCC 1, AIR 2017 SC 4161 established that people have the right to control their own personal data. Additionally, the DPDP Act of 2023 includes essential protections, such as clear user consent for data processing, the ability of users to view and delete their data, and sanctions for corporations that misuse personal data. Sections like Section 72A, which penalizes illegal disclosure of personal data, and Section 43A, which mandates adequate security standards, are also included in the IT Act, 2000. But there are several problems with these legal actions. Lax enforcement is one of the biggest problems. Although the DPDP Act offers data privacy requirements, it is unclear how they will be implemented and overseen. It is sometimes difficult for oversight organizations to hold large social media companies responsible for violations because they lack the tools and resources necessary to adequately monitor them. As a result, businesses are likely to keep collecting and using data without facing severe consequences.
Another urgent issue is exemptions for large tech companies and the government. In the interest of security and the general welfare, the DPDP Act also permits government entities to circumvent certain privacy rules. The possibility that the state machinery will be abused in the process is a constant concern. Privacy regulations are less effective because big tech companies, in particular, frequently find legal ways to continue their coercive data gathering activities.
The Information Technology (IT) Act, 2000, constitutional protections including Articles 19 and 21, and the Digital Personal Data Protection (DPDP) Act, 2023, make up India’s legal framework pertaining to social media data privacy. Despite providing a foundation for protecting user data, these regulations are insufficient in the rapidly evolving digital age. Large amounts of personal data are collected and processed by social media platforms, and the laws in place are insufficient to adequately regulate their operations, especially when these companies operate across borders.
The lack of transparency in algorithmic decision-making is a significant weakness in India’s data protection laws. Algorithms are used by social media platforms to tailor content, display advertisements, and recommend posts based on user activity. However, these websites are not required by law to disclose how their algorithms operate or how they profile individuals using personal data. Users may suffer as a result of problems including deceptive advertising, misinformation, and recommendations for biased content.
Cross-border data exports also become problematic. Given the global operations of all the major social media companies, Indian authorities lack the authority to enforce data privacy regulations on multinational technology companies. Certain countries allow data imports under the DPDP Act, although other countries can misuse Indians’ personal information if they have lax localization regulations. More safeguards must be in place to protect Indian data even after it has been handled abroad.
More Stronger cross-border data transfer regulations, improved enforcement, a clearer framework for algorithmic transparency, and targeted protection for vulnerable users and minors are all necessary for the laws as they stand. Data harvesting is the lifeblood of social media platforms, and privacy violations will proliferate in the absence of appropriate regulation. India’s privacy rules need to be strengthened in light of the rapidly changing digital landscape in order to address new dangers.
CONCLUSIONS AND SUGGESTIONS
Social media’s role in compromising privacy rights presents a complex digital dilemma where the risks of data exploitation and privacy invasion must be balanced against the benefits of international connections and information sharing. Since people are in charge of their personal information, social media platforms have undoubtedly increased user awareness of privacy issues and allowed for advocacy. However, it is impossible to ignore the threat posed by data scraping, cyberbullying, unauthorized access to data, and dishonest algorithms.
A foundation for privacy protection is established by Indian laws, such as the Information Technology (IT) Act of 2000 and the Digital Personal Data Protection (DPDP) Act of 2023. However, obstacles like as poor enforcement, a lack of openness in data processing, problems with cross-border data transfers, and exclusions granted to large tech corporations and government agencies limit the efficacy of such legislation. Although Article 21 of the Indian Constitution declares privacy to be a fundamental right, the ever-changing landscape of cyberthreats necessitates frequent improvements to laws and policies.
REFERENCES:
BOOKS:
-Daniel J. Solove, UNDERSTANDING PRIVACY, Harvard University Press, May 2008
-Daniel J. Solove, The Digital Person: Technology and Privacy in the Information Age Year: 2004,
WEBSITES:
-Bernstein, G., The impact of social media on personal privacy and ways to protect it. CloudTweaks. Available at: https://cloudtweaks.com/2023/06/social-media-personal-privacy-protect-it/, 2023(Accessed: 15 February 2025).
-Ekekwe, C. The impact of social media on privacy rights. Available at: https://naijabarrister.com/articles/the-impact-of-social-media-on-privacy-right.-9p960q5,(2023) (Accessed: 15 February 2025).
-Xiph (2022) How social media is tracking you and collecting your data, Available at https://xiphcyber.com/articles/social-media-tracking 2022 (Accessed: 19 March 2025)
-Understanding data privacy as a fundamental right, The Legal School: Law Courses for Legal Professionals & Students https://thelegalschool.in/blog/data-privacy-as-a-fundamental-right (last visited Mar 19, 2025).
– Indian kanoon – search engine for Indian law, www.indiankanoon.com / (last visited Mar 19, 2025).
ANJALI PRIYA
PRESIDENCY UNIVERSITY, BANGALORE