A Profound Exploration Of Privacy Rights And Data Protection In India

Oliva Chakraborty, B.Sc. LL.B. (Hons.), KIIT-School of Law, KIIT University, Bhubaneshwar

ABSTRACT

Privacy has been widely recognised as the most crucial aspect of an individual's life as it protects one’s personal data from being misused. In India, the interpretations of privacy rights has evolved through a myriad of judicial decisions over the years. However, the concept of privacy got clarity in the year 2017 when the Supreme Court of India considered the right to privacy as the Fundamental Right in the Landmark case of Justice K.S Puttaswamy & Another vs. Union of India and Others [Writ Petition (Civil) No. 494 of 2012]. Through this historic ruling, the right to privacy was considered as an integral part of the Right to Life and Personal Liberty guaranteed under Article 21 of the Constitution, thereby giving a new meaning to the concept of privacy. The right to Privacy can only be implemented when the Personal Data of all individuals are safeguarded. To protect such data from being misused, we need strong legal regulations as they pose serious threats to one’s private life. Data Protection laws were developed to protect and support the privacy rights of an individual But with rapid AI advancement, it has become very difficult to ensure such protection. Through this paper, the author has tried to address the various aspects of the Right to Privacy and Data Protection laws in our country, highlighting the meaning, need, evolution, and impact it offers post the landmark judgement. The paper carefully examines the legal framework related to these rights with special emphasis on the Personal Data Protection Bill of 2019 and the Challenges it still poses even after the current legislation. This analysis aims to determine whether these current regulations are strong enough to tackle every aspect of Data Protection and Privacy issues.

Keywords: Constitution, Data Protection, K.S Puttaswamy judgement, Privacy, Right to privacy