Saturday 28 April 2018

Actionable claim & society

Legislation are formulated for the benefit of society but when society is not aware of laws then how laws are benefitted to society : To concentrate the Data Protection laws which are originated in Europe through regulations but that were so effective without sanctity of law because European public was so vigilant to their rights and now it has come to legally embedded from 25 th May 2018 when the date of enforcement of law is announced : UDPR  regulation become effective as law in Europe: Every country has its own characteristic they have sovereignty and peoples also have liberty :The subject of privacy is not debatable because privacy is always subject to laws not above laws and liberty is also have same limitations : we are not authorised to do an act which is against the law in the grab of privacy or liberty : The contention is that your attitude and philosophy although have the right of privacy but not beyond the laws &
limitations are always prescribed by law which always supported in the interest of society and in broad sense national security:  Data protection laws are evolution of our fundamental right of privacy or some may call it liberty in views : valtaire said that you have right to express your views : In the advent of nationality you have right but you don’t have right or express views against your nationality  this is in the interest of our sovereign nation : Data protection laws in India are enforced from the formulation of Information Technology Act 2000 further it was amended in 2008 and rules were framed in 2011 : Data protection where a people submits their data to social site and to restrict these data for unlawful meanse or disclosing to third party so they may use it in unauthorised manner then actionable claim arises : Social sites now making agreements for lawfully publications and they are bound  for not disclosing to third parties in any manner the so called data’s : In European countries peoples are very vigilant to their rights and judiciary watches these laws which abridges the law of privacy and liberty and gives pecuniary punishment when actionable claim arises but we don’t care about our privacy laws and also we don’t go in court for damages : There is a necessity of laws which   are still not enacted enabling for high amount of damages by judiciary :  Indian penal
Code and Information technology act are more relevant for ciber crimes but not sufficient for breach of privacy right 

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