Written by Himani Bhatnagar & Sia Parmar, fourth-year law students at SVKM’s Narsee Monjee Institute of Management Studies, Indore.

In today’s tech driven society, the intersection of mental health and digital space has become a crucial point. As more and more aspects of daily life integrate with online environment, there is an increasing impact of such integration on the privacy and mental health of individuals. Accumulating research indicates that widespread engagement with social media platforms, coupled with the influence of algorithm-driven content selection, can significantly impair psychological well-being, fostering feelings of sadness, unease, and the spread of damaging belief systems.  

Every coin has two facets. Digital Space can be both beneficial and detrimental. On one hand technology allows for unprecedented connectivity, fosters support networks and raises awareness. In a prominent case Fahima Shirin vs State of Kerela the Right to Internet access was recognized as a part of right to education and privacy. On the other hand, it exposes individuals to potential risks such as cyberbullying, online harassment and harmful content.

There is a dire need to strike a balance between the positive aspects of digital platforms and mitigate the adverse effects of technology on mental well-being. The widespread sharing of wrong information by social media accounts that use automation, along with the fast spread of poor-quality online material, makes a big risk. This causes real effects in many areas, going from unsafe health decisions to changes in money-related businesses.  

Sharing of information is an essential element plus holds much value in the digital space. Hence, privacy laws serve as a fundamental pillar for protecting rights related to mental health and technology. Privacy laws require informed consent for the collection, processing and sharing of personal data thus, establishing a legal framework to safeguard individuals from unwanted intrusions into their personal space.  

NAVIGATING THE DIGITAL DILEMMA 

Digital dilemma refers to the situation where the rapid growth and use of digital technologies create conflicting outcomes offering significant benefits on one hand and poses risk on the other. It is the tension between the advantages and drawbacks of digital technology especially when individuals, organisations or policy makers make trade-offs between innovation and protection of rights, ethics or wellbeing. 

Using social media so much in our daily routines has led to something called the “social dilemma.” In this case, people are stuck in a loop of comparing themselves to others, always wanting to be liked, and relying on the fast happiness these sites provide. This idea about changed actions says that if people have a hard time dealing with stress or bad feelings in a good way, they might look for quick validation on social media, which can hurt how they feel. The need to present a perfect, well-made image online can make people feel more unsure of themselves and cause them to compare themselves to others in harmful ways leading to stress, anxiety and digital fatigue. Also, the way social media sites are set up, with endless streams of content, alerts that make you want to check in, and content chosen by computers, can mess up good habits and because what is known as “displayed behaviour.” This happens when people do things that make them happy right away but are bad for their health in the long run.

In a recent incident a mere AI trend where personal information of an individual was captured by the AI platform without informed consent and wilful access which led to violation of digital privacy. This incident highlights the major loopholes regarding artificial intelligence and right to privacy and violate how such a privacy can have a negative impact on the mental health of an individual. In addition, right to life and personal liberty under Article 21 of the Indian Constitution includes the right to privacy which in turn also includes the Right to Digital Privacy. Reckless and intentional sharing of personal data may hamper an individual Right to Digital Privacy.  

Technology in the present day is a double-edged sword having both positive as well as negative facets. In spite having features like mental and physical health apps, online shopping platforms, and educational platforms contributes positively to one’s life choices instances like cyberbullying, cyberstalking, misleading information, etc. uncovers the darker side of digital world. A major example was the popularity of Blue Whale game, that caused mass suicide rate among adolescents, highlighting the gruesome effects of technology on the minds of individuals. Studies shows that prolonged usage of technology has led to a surge in behaviours such as irritability, drudgery and lack of concentration in children and adults alike.

Moreover, Issues such as how algorithms work and how social media companies make money and plan things, which usually focuses on getting people to use their sites a lot and taking information to show them specific ads. Because they want to make money, they might focus more on getting people involved instead of carefully choosing what they show, which can make harmful or misleading information more popular. Also, the way social media sites are set up with algorithms can make it easier for wrong information and stories that try to trick people to spread, which hurts people’s ability to make informed choices and puts democratic systems at risk. These further accentuate the vulnerable side of the digital world. 

THE JOURNEY OF PRIVACY RIGHTS 

Privacy is a basic entitlement of individuals, although not without limits, which has grown over many years, starting with ancient statutes addressing secret listening in England during the 1300s, and expanding to current global safeguards. Significant events encompass Sweden’s law in 1776 allowing access to official documents, France’s acknowledgment of ownership and personal rights during the 1700s and 1800s, along with Warren and Brandeis’s 1890 concept of privacy as “the freedom from unwanted interference. ” On a worldwide scale, the 1948 Universal Declaration of Human Rights and subsequent agreements strongly validated privacy as a safeguarded entitlement, while local systems like the European Convention on Human Rights and the American Convention on Human Rights rendered these safeguards practically applicable.

As of now, many countries have implemented digital laws to ensure protection of personal and digital privacy one of them being India. India’s Constitution has right to digital privacy, included as fundamental right. Several landmarks have enforced principles of digital privacy in application. The judgment of Landmark case Justice K.S. Puttaswamy VS Union of India stated privacy as a fundamental right forming the basis for digital rights. Similarly, the judgement in the case of Peoples Union for Civil Liberties VS Union of India established safeguards against unlawful surveillance, further strengthening the principles of digitalization. The case In Re Media Guidelines talks about the balance between free speech and reasonable restrictions which governs digital harmony. These cases underscore the delicate balance between the use of digital media and the right to freedom of speech and expression; how unchecked use can risk eroding individuals’ privacy. 

As we move deeper into the digital era, right to privacy has a new concerning issue of regulating patients’ history on digital regime, the methods by which medical experts handle confidential data such as recording, saving, accessing, and sharing it, have completely transformed, making this crucial ethical responsibility even more pertinent yet intricate. Regulatory organizations across different regions have taken action to clarify and tackle its current requirements, clarifying the introduction of new legislation overseeing digital medical records and remote healthcare services. This includes the Health Insurance Portability and Accountability Act (HIPAA) enacted in 1996, the Health Information Technology for Economic and Clinical Health Act (HITECH Act) put in place in 2009, and the Omnibus Rule established in 2013 within the United States. Similarly, the General Data Protection Regulation introduced in 2018 and the Data Protection Act also introduced in 2018 in the European Union and the United Kingdom,  respectively, represent recent initiatives focused on safeguarding the privacy of health information, along with pursuing additional objectives. 

FROM CLICKS TO CONSEQUENCES – HOW TECHNOLOGY SHAPES MENTAL HEALTH

Studies indicate that teens and young people, especially young women, show problems with their social and emotional health, are unhappy with their appearance, develop unhealthy eating habits, and are more likely to participate in dangerous activities like drinking alcohol when they go beyond a reasonable amount of time online. Frequently spending time on different social networking sites has been repeatedly associated with negative effects on mental well-being, including feelings of sadness, worry, and strain. These problems become worse because online privacy is not well-protected; unmonitored data gathering and systems that suggest content guide people to damaging content, amplify how they measure themselves against others, decrease how much they connect with people in person, and interfere with their sleep schedules. In this manner, inappropriate social media use and inadequate digital privacy worsen mental and emotional weaknesses, underscoring the important need to control both how social media is used and how privacy is managed to protect the health of teens and young people. 

The ethical dilemma that could surface due to the conflict between progress in science through mobile health tech and the rights of individuals over their own information are especially pertinent to: (i) fully understanding the study, openness, and choosing to take part freely; and (ii) keeping safe the information of those involved, which might have an impact on their sense of safety and well-being. Deep intersection of digital data and privacy demands balancing innovation with human rights to protect individuals amid rising digital media use.

GLOBAL LESSONS ON DIGITAL PRIVACY

India can take inspiration from various international frameworks on digital privacy. One such iconic framework European Union General Data Protection Regulation which consists of the specification on type and amount of personal data an organisation may process depending upon the reasons. Several rules including the following must be respected, (i) personal data must be processed in a lawful and transparent manner, (ii) there must be specific purposes for processing the data, (iii) such data shall be process which is necessary to fulfil the purpose, i.e. data minimization. Technical and organisational safeguards must be employed. Second best example is World Health Organisation Global Health Strategy on Digital Health (2020-2025) envisions improvement in health of all, by advancing person-centric, accessible, affordable, scalable, and sustainable digital health solutions, strengthening infrastructure and applications to use health data for epidemic and pandemic response, and supporting well-being and the achievement of health-related SDGs. The Global Strategies based upon four guiding principles, (i) It must be acknowledged that integrating digital health into national health systems requires strong decisions and firm commitment from countries, (ii) Recognize that successful digital health initiatives require an integrated strategy, (iii) Promote the appropriate use of digital technologies for health, (iv) Recognize the urgent need to overcome key barriers in least-developed countries implementing digital health.  These principles can be incorporated as amendments in the DPDP Act 2023 or IT Act 2000, as they cover nearly all aspects of individual privacy.

CONCLUSION – TOWARDS A SAFER DIGITAL TOMORROW

Everywhere we look, privacy is at risk. Governments and commercial entities monitor and trace our activities both on the internet and in the real world. Data regarding our whereabouts, actions, and social connections is harvested from our mobile devices and subsequently peddled to data aggregators, marketing companies, and law enforcement. When examined the current position of India with respect to technology in mental health, it demands for collaborative approach where digital privacy and ethics of technology consolidate to bring the best out of the Indian digital health system. Likewise joint efforts of judiciary, industries and the civil society can be stepping stone for the betterment of the current malicious scenario. 

Further reforms such as stronger data protection digital literacy, mental health awareness programs, and innovation respecting privacy are imperative for the overall impact assessment of digitalization. Therefore, it is vital to combine what is lawful, morally right, and focused on the user to develop a digital world that boosts good mental health, gives people control, and defends the core ideas of respect, independence, and honour for everyone using technology today.