Article: Big data and privacy - a legal perspective and comparative study of the USA and India Journal: International Journal of Process Management and Benchmarking (IJPMB) 2019 Vol.9 No.2 pp.250 - 275 Abstract: Due to advancement of science and technology a new concept called big data has emerged. Its utility has attracted not only the private companies and organisations but also governmental authorities. But at the same time it has also raised certain ethical, moral and legal concerns. This paper looks at the threats to individuals privacy caused due to big data. This paper compares the US laws with Indian laws with respect to privacy and data protection and attempts to offer a solution to safeguard individuals' privacy against such threats. The research methodology used by the researchers is doctrinal method along with armchair, exploratory, analytical and comparative method. The authors argue that individuals' privacy can be safeguarded through a holistic approach wherein apt technology standards, management practices along with force of law are adopted. Companies and organisations should adopt self-regulating operating standards and practices too. The concept of privacy in this paper has been restricted to mean the individual privacy and does not include national security concerns or confidential data of corporations. The authors also suggest a framework for the protection of individual privacy and its implementation in India. Inderscience Publishers - linking academia, business and industry through research

Title: Big data and privacy - a legal perspective and comparative study of the USA and India

Authors: Rupal Rautdesai; Ujwal Nandekar; Aditya Kedari; Yogesh Patil

Addresses: Symbiosis Law School, Symbiosis International University, Pune, India ' Symbiosis Law School, Symbiosis International University, Pune, India ' Symbiosis Law School, Symbiosis International University, Pune, India ' Symbiosis Centre for Research and Innovation, Symbiosis International University, Pune, India

Abstract: Due to advancement of science and technology a new concept called big data has emerged. Its utility has attracted not only the private companies and organisations but also governmental authorities. But at the same time it has also raised certain ethical, moral and legal concerns. This paper looks at the threats to individuals privacy caused due to big data. This paper compares the US laws with Indian laws with respect to privacy and data protection and attempts to offer a solution to safeguard individuals' privacy against such threats. The research methodology used by the researchers is doctrinal method along with armchair, exploratory, analytical and comparative method. The authors argue that individuals' privacy can be safeguarded through a holistic approach wherein apt technology standards, management practices along with force of law are adopted. Companies and organisations should adopt self-regulating operating standards and practices too. The concept of privacy in this paper has been restricted to mean the individual privacy and does not include national security concerns or confidential data of corporations. The authors also suggest a framework for the protection of individual privacy and its implementation in India.

Keywords: big data; privacy laws; data protection; sensitive personal information; right to privacy; USA; India.

DOI: 10.1504/IJPMB.2019.099334

International Journal of Process Management and Benchmarking, 2019 Vol.9 No.2, pp.250 - 275

Received: 21 Jul 2016
Accepted: 02 Feb 2017
Published online: 29 Apr 2019 *

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Title: Big data and privacy - a legal perspective and comparative study of the USA and India

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