A Constitutional Perspective On Privacy Rights And Data Protection Laws In India
- IJLLR Journal
- Sep 8
- 2 min read
Sharfaraj Husain
INTRODUCTION
In the information age where we use digital tools for almost everything in our daily activities, little do we know about us creating eternal digital foot Prints. As we live of our lives on the Internet, we are creating a permanent record of unparalleled pervasiveness and depth. Indeed, almost everything on the Internet is being archived. Our online identities are reflected in our websites and social media posts. However, almost little is lost or forgotten when we delete or update material on the Internet. The quantity of information stored will only increase as our lives become continually digitized into the domain of cyberspace.
The issue of data protection and privacy is not limited to one country. While regional laws like the GDPR are important, global privacy standards are mostly shaped by international guidelines such as the Organization for Economic Co-operation and Development (OECD) guidelines, the UN principles, the Asia- Pacific Economic Cooperation (APEC) framework and convention 108+. Ensuring a free flow of transborder data and, to a considerable part, allowing for the protection of people’ private lives by limiting governmental intrusion are the goals of these international data protection frameworks. The Personal Data Protection Act of 2023 in India was heavily influenced by the applicability of data protection laws from other countries. The establishment of data protection regulations in India is a direct result of the growing international concern about the security of personal information.
CONSTITUTIONAL ASSEMBLY DEBATE ON RECOGNITION OF RIGHT TO PRIVACY
The Constituent Assembly debated the provisions of Constitution of India for 166 days over a span of nearly two years. During the debates, Mr. B.N. Rau (Adviser to the constituent Assembly) and Alladi Krishnaswamy Ayyar both opposed the inclusion of the right to privacy within the fundamental rights framework. BN Rau expressed concerns that right to privacy could hinder police investigative powers and disrupt the investigation process. Meanwhile, Ayyar argued that recognizing the right to privacy and correspondence secrecy would have detrimental effects on civil litigation, where documents play crucial role as evidence.
