SOCIAL MEDIA AND PRIVACY: A COMPARATIVE STUDY OF DATA PROTECTION LAWS

ABSTRACT

There is still an expectation of privacy, even when society as a whole is expanding the quantity of private information that is made publicly available. People frequently hold the mistaken belief that by controlling who has access to and how the information is utilized, they can control the personal information they hold out to the public. Because privacy affects practically every aspect of a person and society in some way, it is incredibly difficult to describe.

User confidentiality is a hot topic in the media and academic research because there are now more than 1 billion people connected through online social media. Social networking websites are a strong and enjoyable medium for global communication. Only those who are aware of the risks and security and can take precautions for their protection may use the Internet safely, thus education is the best course of action. Social media is a useful tool since it enables you to share the information you genuinely want to share. However, it may also be misused, and in either case, you are responsible for your security. Although prevention and protection methods are not particularly challenging, you must exercise caution.

KEYWORDS

Social Media, Privacy, Data Protection, Challenges, Comparison.

INTRODUCTION

Social media serve as a channel of communication for online communications that build virtual communities using online social networks (OSN), between the data owner (data generator) and viewers (end users). A social network is a social graph that shows the connections between individuals, groups, and their social interactions. These users, organizations, groups, etc., are the nodes of the network, and the connections between the nodes of the graph are its edges. An OSN is a platform that allows users to build social networks online with others who share their interests, activities, and/or real-world connections. The modern online environment offers a wide variety of distinct social networking services.

With more than 1 billion people connected, human connectedness has reached remarkable levels.^[1]

SOCIAL MEDIA CHALLENGES AND ITS GOVERNANCE

Free speech has always been a hotly contested issue. On various grounds, several legal systems around the world have attempted to control free speech. The fundamental right to freedom of speech and expression is protected under Indian law. This constitutional privilege under Article 19(1) of the Indian Constitution^[2], however, is not unalienable. Under Article 19(2) of the Indian Constitution^[3], the state may apply a variety of “reasonable” restrictions. These may be enforced in the interest of India’s sovereignty and territorial integrity, national security, cordial relations with other nations, public order, morality, or in cases of court contempt, defamation, or incitement to commit an offense. The Preamble of the Constitution, where a solemn resolution is established to safeguard freedom of opinion and speech to any or all of its citizens, contains the philosophical underpinnings of this text. The Constitution’s Article 19(2), however, does allow for the imposition of reasonable limitations on the exercise of this freedom.

RESEARCH METHODOLOGY

The Research has been completed with the help of various Documents and Records. Secondary data like various Articles, Case Laws, Blogs, and Journals have been used to know the Social media and the threats to the Privacy and security of the personal data.

LITERATURE REVIEW

Why Is Social Media Privacy Important?

Social media privacy encompasses private and delicate information that users’ profiles can reveal. Through posts and profile information, some of this information is voluntarily disclosed. Tracking cookies, which keep track of a user’s online activities, including webpage views, social media sharing, and purchase history, can potentially unintentionally reveal information about a user.

The collected data is subsequently organized and categorized according to user categories, which data brokers then market. Examples of these categories are parent, pet lover, and fitness fanatic. Companies can target social media users with customized marketing campaigns using these categories.

However, con artists and fraudsters also gather this data to more easily access personal data. According to the Federal Trade Commission, social media fraud cost more than 90,000 consumers $770 million in losses in 2021.

What Types Of Data Do Social Media Platforms Collect?

A user’s online presence is left behind when they open a social media account and use the platform. Companies use tracking cookies, geofencing, and cross-site tracking to gather personal information from the platform, along with interests and locations. Users accept the terms and conditions when they create an account, allowing social media networks to gather data.

Advertisers and con artists can obtain sensitive information, such as the following, even if an account is private.

status updates, including work, life, and relationship events;
religious beliefs;
profile information, including name, contact information, and birthdate;
location data, including your hometown, check-in locations, previous cities lived, or exact address;
personal interests, such as buying history and website interactions;
shared content, such as status updates, photos, and videos;
engagement on social media, including likes, shares, or comments on other posts;
employment information, including current or past jobs; and
personal identifiers, such as age, race, and gender.

Attitudinal data, which encapsulates sentiments and emotions, can be revealed via social media posts. This information captures user perceptions of particular messages and content. Surveys, interviews, reviews, comments, preferences, and complaints can all be used in conjunction with attitude data.

Social media preference data reveals how a user supports various ideologies, pursuits, and material, including politics, cuisine, genres of entertainment, and religious beliefs. Facebook has the largest number of users. Here is a breakdown of active monthly social media users by platform.

What Do Companies Do With This Data?

Platforms for social media employ data to analyze the market, display targeted adverts, customize services, and suggest postings. Likes and dislikes can both influence how an individual is portrayed on social media.

Businesses use this data to learn more about the preferences of their clients. If the advertising is appropriate for their channels, they might inquire. These few questions can aid in tailoring advertisements to a person’s interests.

Your interests are also questioned in social media polls. These replies are logged, and businesses that are interested in user interests, as well as those in comparable interest categories, such as pet owners, vehicle enthusiasts, or video gamers, can buy the data. Companies can tag people in their social media postings to keep them interested using the data gathered from these polls.

A platform is compensated for promoting a brand. Users who have access to information about the advertising brand may see these posts as sponsored content. Companies make payments to show up in consumers’ social media feeds who are interested in their products. Tracking cookies or shared information is used to collect this specific data. Companies may utilize users’ provided email addresses or phone numbers to contact them with information about their goods and services.

COMMON PRIVACY ISSUES WITH SOCIAL MEDIA

Scammers can gather enough information from the extensive social media data on users to spy on them, steal their identities, and launch frauds. When using social media, user information may be in danger due to data protection vulnerabilities and privacy management weaknesses. The following are other privacy concerns with social networking.

Data Mining For Identity Theft
To steal someone’s identity, scammers don’t need a lot of information. To help them find victims, they can start by using information that is readily available online. To target customers with phishing scams, for instance, con artists can collect usernames, addresses, email addresses, and phone numbers.
A fraudster can still find more information, such as leaked passwords, Social Security numbers, and credit card numbers, even with just an email address or phone number.

Privacy Setting Loopholes
Accounts on social media might not be as private as users believe. For instance, if a user shares something with a friend and the friend reposts it, the information is also visible to the friend’s friends. The audience for the information that the original user reposted has changed significantly.
Due to the possibility of postings, including comments, being searchable, even closed groups may not be fully private.

Location Settings
The user’s whereabouts may still be tracked by location services. There are alternative methods to target a device’s location even if the user disables their location settings. Locations of users can also be tracked by websites, mobile towers, and public Wi-Fi. Always make sure the GPS location services are disabled and use a VPN to browse to prevent tracking.
A user profile can contain correct information if the user’s location is combined with personal data. Additionally, malicious users can utilize this information to physically locate people or discover more about their online habits.

Harassment And Cyberbullying
Cyberbullying can occur on social media. Bad actors can send threatening messages and inflict emotional harm without having access to a person’s account. Children who use social media, for instance, are subject to improper comments from classmates.
Doxxing is a type of cyberbullying in which perpetrators share personal details like a victim’s address or phone number with the intent to damage them. They incite others to harass this individual.

False Information
On social media, misinformation may spread swiftly. Trolls also try to incite heated arguments among other users by playing on their emotions.
The majority of social media networks have rules for content monitoring, however, it could take some time before posts are detected. Before posting or believing anything on social media, confirm the information.

Malware and viruses
Malware can be distributed through social networking sites, which can cause computers to run slowly, bombard users with adverts, and steal confidential information. The social media account is taken over by cybercriminals, who then spread malware to all of the user’s connections and friends as well as the impacted account.

LAWS RELATING TO SOCIAL MEDIA IN INDIA:

Constitution Of India 1950:
The constitution of India provides freedom to every citizen that the state cannot take away. Through Article 19(1)(a) of the Indian Constitution^[4] provides freedom of speech and expression to every person.
However, this right is not absolute, the government has imposed certain restrictions on them under Article 19(2) of the Indian constitution. There is no specific mention of freedom of media but it flows through Article 19(1)(a).
Information Technology Act 2000:
Section 66(a) of this act brings prohibition and punishment to any offense which is committed via social media to hurt or cause injury to others. Section 69(a) says that the government has all the rights to stop or ban public access to information which is inconsistent with the provision of the government and it also provides the procedure to block the access to the public for the information which does not comply with the government.

Indian Penal CODE 1860:
This act provides remedies and punishment in the cases where there is damage to an individual by the action of another individual and any person who violates the laws will be dealt with by the provisions mentioned below:
Section 124A: deal with sedition.
Section 153A: deals with promoting enmity
Section 295A: deals with intentionally insulting religion
Section 499 deals with defamation.
Section 505 deals with public mischief
Section 509: Disrespecting women’s modesty.

Indecent Representation of Women (Prohibition) Act,1998- Section 3 and 4 of this Act protect and prohibits the act of pornography and also punish those people who circulate these types of obscenity material. Sections 292 and 293 of the Indian penal code also award punishment for indecent representation of women.

THE LATEST SOCIAL MEDIA CONTROVERSY: BANNING OF TIKTOK

In April 2019 the Madras High Court passed an order to direct the state government to prohibit the use of the TikTok App, and they called it dangerous. The Indian government banned the TikTok app on 29 June 2020 and called it detrimental to the integrity of India and the sovereignty, public order, and security of the state. The act was banned under section 69(a) of the Information and Technology Act r/w with the provisions of Information Technology (Procedure and Safeguards for Blocking of Access to Information by Public) Rules 2009.

The Ministry of Electronics and IT has received various complaints from their sources that the data of the users is stolen in an unauthorized manner and sent outside India. The Indian Cyber Crime Coordination Centre gave recommendations for blocking these apps.

INTERNATIONAL LAWS RELATING TO SOCIAL MEDIA

In Germany, there is a law called NetzDG in which they set up the procedure so that they can review the content, and if any illegal material is found then it has to be removed within 24 hours, and also give updates about what’s happening by them and if they did not remove it then they have to pay the fine.

In the European Union, they only emphasize terror videos if the content is not removed within one hour, then they have to pay a huge fine. In Australia, the Online Safety Act Act 2015 was created so that social media companies would not harass others and remove abusive posts otherwise they have to pay huge fines.

In Russia and China, some apps such as Google, Twitter, and WhatsApp are banned so that their information cannot be shared beyond their territories and they have lessened their cyber-attacks by banning these apps.

RELATED CASE LAWS:

SuprCourtourt in the case of Shreya Singha v. Union of India 2015 ^[5]ruled that section 66A of the Information Technology Act restricted the freedom of speech and expression and declared it unconstitutional.
In the case of Kharak Singh v state of Uttar Pradesh^[6], it was held that phone tapping amounts to a breach of privacy and it can reasonably hold that sharing information through WhatsApp with Facebook is an obvious breach of privacy for their users.
In the case of Tehseen S Poonawalla v. Union Of India (2018)^[7], the Supreme Court gave full freedom to the government to stop the circulation of explosive and irresponsible messages on social media sites that have the propensity to incite mob violence of any kind.

SUGGESTIONS TO PROTECT INFORMATION

Be cautious while opening a new social media account because each site has a bigger danger. Make sure the platform is safe and reliable before using it. If you’re leaving a platform, delete your account first. The following are some other strategies for protecting information:

Create secure passwords. Never use the same password for many apps or websites. Use a password manager to securely store information to aid in remembering sign-on credentials.
Don’t overshare. Don’t go into more detail than is necessary. On all sites, users shouldn’t be required to disclose their addresses or dates of birth.
Don’t click on suspicious links. Avoid clicking on links unless they come from a reliable source, even if they look to be from a friend.
Avoid public devices. When done utilizing a shared device, make sure you log out.
Disable geolocation data. In the privacy and security settings on the phone, disable sharing location data with apps.
Use two-factor authentication. The app’s security is increased by implementing two-factor authentication, which may include a passcode and biometric identification.

CONCLUSION

The rise of the internet over the past ten years and the emergence of social networking sites is one of the key worries because many users of social networks are careless about what they reveal on their online profiles.

Our daily lives are predictable in many ways. Concerns over invasions of personal privacy and Data security increased in activity. Even when they say they’re worried about what Public information is posted, however, social networking sites generally do not follow this rule. Therefore, the default settings of social networking websites should be changed to limit the danger of third parties processing users’ data unlawfully and to preserve their privacy as privacy-friendly from the perspective of the users,

It is reasonable to wonder why a person’s personal information has to be protected when without the owner’s permission, it isn’t even in the public domain. This query has two parts and two questions: first, why should personal data be protected when it is not even visible to the public, and second, what does the phrase “consent” mean and when can it be given? supposedly offered sincerely by the user.

According to the Honourable S. A. Bobde, Chief Justice of India,

“Consent is essential for the distribution of inherently personal data.”^{^[8]}

Social media platforms now recognize that to carry off a trick of this nature, they need the user’s consent after being approved by courts all over the world. To achieve this, they construct a mirage that the user cannot escape from or obtain. Due to the ignorance, carelessness, and lack of time on the part of the user, these exploitative terms and conditions are so cunningly concealed with the general terms that a layman agrees to all of them without even reading them once. Additionally, even if they do read the criteria of a specific

These contracts have the legal right to be referred to as “Standard form Contracts”.Typical Form Contracts are agreements between two parties in which one of the parties sets the conditions of the agreement. They are also known as contracts of adhesion, leonine contracts, or boilerplate contracts The parties, while the other side have very no capacity to bargain for more advantageous conditions placing it in a “take it or leave it” situation as a result. While these kinds of agreements are not inherently illegal, however, there may be instances of unconscionability, unjust terms, and a disparity in the parties’ respective negotiation positions.

The Honourable Supreme Court stated in Life Insurance Corporation of India v. Consumer Education and Research Centre and Others^{^[9]} that “If a contract or a clause in a contract is found to be unreasonable, unfair, or irrational one must look to the relative bargaining power of the contracting parties. There would be no opportunity for a weaker party to bargain or acquire equal bargaining power in dotted-line contracts. According to the provisions of the dotted line contract, he must either accept the services or goods or reject them. He would have the choice of continuing to use the service indefinitely or accepting the unfair or unreasonable terms. The party enters into a contract with the other party to receive the services or the goods.

The user’s initial agreement with the application is rendered useless if a third-party application unilaterally changes the privacy policies. The accessibility of social networking sites has made them a possible target for attackers.

It has a vast user base, as well as sensitive information. Consequently, concerns over privacy and security in the number of online social networks are rising. In this study report, several privacy and difficulties with security and methods used by attackers to circumvent social network security measures or to exploit certain weaknesses in social networking sites. One of the key issues is privacy because many social network users are careless about what they post. They reveal this on their social media platforms. Identity theft is the second problem; attackers Using social networking.

REFERENCES

Name: Jaishree Sharma

College Name: Rajasthan University, Jaipur

[1] Techtarget, https://www.techtarget.com/whatis/feature/6-common-social-media-privacy-issues (last visited Aug. 15, 2023).

[2] INDIA CONSTI. art. 19(1), amended by The Constitution (Eighteenth Amendment Act, 2000).

[3] INDIA CONSTI. art. 19(2), amended by The Constitution (Eighteenth Amendment Act, 2000).

[4] INDIA CONSTI. art. 19(1)(a), amended by The Constitution (Eighteenth Amendment Act, 2000).

[5] Shreya Singhal v. Union Of India AIR 2015 SC 1523.

[6] Kharak Singh v. The State Of U. P. & Ors 1963 AIR 1295, 1964 SCR (1) 33.

[7] Tehseen S Poonawalla v. Union Of India, (2018) 9 SCC 501.

[8] Justice K.S Puttaswami & another v. Union of India Writ Petition (CIVIL) NO 494 OF 2012.

[9] Insurance Corporation of India v. Consumer Education and Research Centre and ors [1995] 5 SCC 482.

SOCIAL MEDIA AND PRIVACY: A COMPARATIVE STUDY OF DATA PROTECTION LAWS

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