A Critical Analysis Of Data Protection Law In Safeguarding Digital Privacy In India
Hari Basker K, VISTAS Stella Jennifer, VISTAS
1. Introduction
The rise of India’s digital economy has transformed how personal data is collected, processed, and stored. From Aadhaar-based identification systems to UPI transactions, e-commerce platforms, and social media networks, individuals constantly share sensitive information online. This rapid digitization has created unprecedented opportunities for innovation and governance but has also raised serious concerns about digital privacy and data misuse.
Globally, frameworks like the General Data Protection Regulation (GDPR) in the European Union have set high standards for safeguarding personal data. India, however, has historically relied on fragmented provisions under the Information Technology Act, 2000 and sectoral regulations. The enactment of the Digital Personal Data Protection Act, 2023 (DPDP Act) marks a significant step toward codifying privacy protections, but its adequacy remains contested.
1.1. Object of the Research
The object of this research is to critically examine India’s data protection laws in their constitutional, statutory, and comparative dimensions, to assess their adequacy in safeguarding digital privacy, and to propose reforms that balance state interests with individual rights while ensuring global compatibility. To analyse whether exemptions granted to the government are proportionate, necessary, and subject to oversight, or whether they undermine individual privacy
1.2. Scope of the Research
The scope of this research encompasses constitutional jurisprudence, statutory provisions, sectoral regulations, and comparative perspectives to critically evaluate whether India’s data protection laws adequately safeguard digital privacy. It extends to practical implications for citizens, businesses, and democracy, while proposing reforms to strengthen the framework. However, the study is limited to legal analysis and does not cover technical cybersecurity measures or non-legal aspects of privacy. It is limited to a doctrinal and analytical study of the DPDP Act, 2023.
