I. Introduction
The invention of internet has revolutionized technology like never before. It has drastically impacted almost all fields of human life as its use has rapidly altered the technological terrain. To cite an example, we are now living in the era of “Big Data” – a moniker that refers to the huge amount of structured and unstructured data that floods a business on a day-to-day basis. Massive improvements in data mining and analytics as well as the computing power and data storage capabilities have correspondently amplified the breadth and width of information that is accessible to governments, individuals and businesses. In fact, the amount of data created and stored in the world has grown so quickly that scientists have been forced to come up with new terms, such as zettabyte and yottabyte, to depict the surge of data.[i]
Big data, however, has emerged as a sort of double-edged sword. For the world economy, big data delivers massive opportunities in diverse fields, such as national security, medical research, marketing, urban planning, credit risk analysis and many others. At the same time, the phenomenal advantages of big data are dogged by issues of privacy and security.[ii] This necessitates the reinforcement of the concept of right to “digital privacy, to uncloak the consequences of intrusion on a user’s data. Similarly, new safety provisions have to be introduced in the legislations to lessen cyber-attacks. But as is evident, there has been periodic indifference to regulate the framework of cyberspace governance. In this digital era, therefore, it becomes crucial to establish specific data privacy laws.
II. BIG DATA: THE UPCOMING NEW MECHANISM
With respect to big data, initially, it was thought that the amount of information had developed so vastly that the volume being scrutinized no longer fitted into the memory that the computers use for handling.[iii]
Consequently, the term big data came to be defined as “a new generation of technologies and architectures, designed to economically separate value from very large volumes of a wide variety of data, by enabling high-velocity capture, discovery and analysis.” Viewed in the light of this definition, the main properties of big data whittle down to 3V’s: velocity, volume and variety. Subsequent studies, however, pointed out that this definition of 3Vs was inadequate to explain the big data that we face today. Thus, other elements like validity, veracity, variability, value, venue, vocabulary and vagueness were added to render some complement explanation of big data.[iv] In today’s advanced world where large amount of data is stored in big data, the examination of the databases can offer the chance to solve some huge issues like healthcare and others prevailing in the society.
This is borne out by a United Nations report which avers that if correctly analysed, big data offers the opportunity for an enhanced comprehension of human conduct that can usher in worldwide development in three main ways: firstly, early warning – early detection of peculiarities in how population utilises digital gadgets and how services can empower rapid response in time of emergency; secondly, real-time awareness – big data can paint a fine-grained and current portrayal of reality which can notify the structure and targeting of projects and policies; and thirdly, real-time feedback – the capacity to monitor a population progressively making it conceivable to understand where policies and program are failing and introducing fundamental changes.[v]
Thus, as big data becomes part of the solution to pressing global problems like tackling climate change, eliminating diseases, strengthening good governance and economic development, the benefits of big data to the society and the world at large will be manifold. Big data has already been effectively employed for economic growth and conflict stoppage. By interpreting the movements of cell phone users, big data has pinpointed pockets of African slums that have flowered into buzzing communities of economic activity.[vi] Big data has revealed locations that are fraught with ethnic tensions and shown how the displaced and refugees might unravel.[vii]
III. PITFALLS OF THE VIRTUALLY CONNECTED WORLD: PRIVACY AND SECURITY CHALLENGES
On the other hand, it is also well worth considering here the darker side of big data: dangers to privacy and security. And therefore, discovering the correct balance between the rewards of big data and privacy risks may very well emerge the biggest public policy challenge of our time.[viii] On the one hand, it requires crucial choices to be made between pivotal policy issues such as public health, scientific research, law enforcement, national security, efficient use of resources and others and, on the other hand, individuals’ rights to privacy, equality, freedom of speech and fairness. It necessitates seriously reflecting and deciding on vital issues: whether attempts to cure fatal disease or snuff out terrorism are worth subjecting human individuality to omniscient surveillance and algorithmic decision-making.[ix]
Big Data poses critical dangers for the security of personal data and the right to privacy. With the advent of big data, systematic collection, stockpiling and analysis of personal data have significantly expanded.[x] From internet logs, user information can be culled that is accessible for surveillance and marketing purposes. Identity management tools are now used on the Internet to track the identity of users. In the physical world cameras are employed for surveillance. Mobile phones send location information to network providers. Debit and credit card payment systems disclose the stores visited and the amounts spent. Store loyalty cards allow analysing consumer behavior and social media allow users to contact and give access to pictures, videos and movies.[xi]
Thus, each stage of big data lifecycle – collection, combination, analysis and use – has changed in recent years in a way that could present serious risks to individual privacy. The great data collection, great data combination, greater analysis, greater insights and great use of information are the fundamental challenges. Great data collection of information about individuals allows digital footprints to be created, tracked and monitored. If multiple collections of data are combined, a more detailed profile of individuals can be built. Greater analyses allow data to be combined and mined which can provide an insight into an individual’s life.[xii]
In view of these dangers, therefore, there arises an equally important need: obtaining consent should be incorporated in every phase of data transmission. For users a freedom of choice should be delineated to enable them to revoke their consent at any point of time. For instance, recently Facebook was involved in a scathing data breach scandal wherein users’ personal data was collected through a quiz test conducted by the firm Cambridge Analytica. Though users gave their consent before taking the quiz, the bone of contention was that it was not deemed as an “informed consent,” because owing to the intricate language and sheer length of the terms, users generally tended to agree without reading the terms. Additionally therefore, it should be stipulated that the terms and conditions to be incorporated be easy for the readers to comprehend.
Above all, though, one of the most effective protections to one’s privacy, unquestionably, can be afforded through the mechanisms of law. Considering India’s scenarios, in the landmark judgment of K. Puttuswamy v. Union of India[xiii], the court recently held that the “right to privacy” is a fundamental right and its violation in any form will be considered egregious to the extent of wreaking human rights. The pressing concern, however, is that the “right to digital privacy” is not recognised anywhere in the legislation. Hence, in the advancing dangers of digital age, the government should affirm the specific right of digital privacy in order to protect the interests of the Internet users.
IV. CONCLUSION
In view of the above referred issues, it is to be hoped that, faced with the privacy challenges that accompany the world of big data, the rules and regulations that some of the world’s nations have established can help other nations to introduce similar changes in their privacy policies to incorporate provisions on big data, as it is something that will soon enough be introduced in every corner of the world. To curb the unbridled misuse of big data, the judicious solution is to develop a strong regulatory frameworkthat can help subdue it. Needless to say, a strong regulatory framework can, undoubtedly, go a long way in effectively dealing with the ethical problems arising in advanced and dynamic intelligent machines and bringing about their adherence in accordance with the just principles of society.
[i] Christopher. Kuner, Fred. H. Cate, Christopher. Millard, and Dan. Jerker. B. Svantesson, ‘The challenge of ‘big data’ for data protection’ (2012) 2 International Data Privacy Law 47,49.
[ii] Jules Polonetsky, Omer Tene, ‘Privacy and Big Data: Making Ends Meet’ (2013) 66 Stanford Law Review Online 25.
[iii] Victor Mayer-Schönberger and Kenneth. Cukier, ‘Big Data: A Revolution That Will Transform How We Live, Work, and Think’ (2014) 179 American Journal of Epidemiology 1143,1144.
[iv] Priyanka Jain, Mansi Gyanchandani, Nilay Khare, ‘Big Data Privacy: A Technological Perspective and Review’ (2016) 3 Journal of Big Data.
[v] UN Global Pulse, ‘Big Data for Development: Challenges and Opportunities’ 2012.
[vi] Victor Mayer-Schönberger and Kenneth. Cukier, ‘Big Data: A Revolution That Will Transform How We Live, Work, and Think’ (2014) 179 American Journal of Epidemiology 1143,1144.
[vii] Ibid
[viii] Ira Rubinstein, ‘Big Data: The End of Privacy or a New Beginning’ (2013) International Data Privacy Law (2013 Forthcoming) NYU School of Law, Public Law Research Paper No. 12,56 <https://ssrn.com/abstract=2157659> accessed 12 December 2018.
[ix] Jules Polonetsky, Omer Tene, ‘Privacy and Big Data: Making Ends Meet’ (2013) 66 Stanford Law Review Online 25.
[x] ] NESSI, ‘Big Data – A New World of Opportunities’ 2012.
[xi] Ibid
[xii] Abu Bakar Munir, Siti Hajar Mohd Yasin, Firdaus Muhammad-Sukki, ‘Big Data: Big Challenges to Privacy and Data Protection’ (2015) 9(1) International Scholarly and Scientific Research & Innovation <ssrn.com/abstract=2609229> accessed on 10 December 2018
[xiii] K. Puttuswamy v. Union of India, WRIT PETITION (CIVIL) NO 494 OF 2012.
This article is written by
Medha Patil of
Maharashtra National Law University, Nagpur
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