Constitutional Implications Of Consent Fatigue In Data Protection: Rethinking Meaningful Consent In The Indian Context

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Soham Kulkarni & Swaraj Abhyankar, DES Shri Navalmal Firodia Law College Pune

ABSTRACT

The pervasive challenge of consent fatigue in the digital age, where individuals are overwhelmed by incessant requests for data processing consent, leads to automatic acceptance and a diminished sense of control over personal information. This phenomenon profoundly undermines the very premise of "meaningful consent" within data protection frameworks globally. In the Indian context, this issue gains particular salience due to the constitutional recognition of the right to privacy under Article 21, as affirmed in K.S. Puttaswamy v. Union of India.1 Consent fatigue poses a significant constitutional dilemma, as it erodes the principles of informational self- determination and decisional autonomy central to privacy jurisprudence. The Digital Personal Data Protection Act, 2023 (DPDPA), despite its robust definition of consent, faces unique implementation challenges in India due to factors like low digital literacy and the digital divide.3 This paper undertakes a critical analysis of these constitutional implications, exploring alternative consent models and regulatory interventions. It advocates for a holistic approach that reconciles individual rights with the demands of the digital economy, ensuring privacy is protected as a fundamental and constitutive value.

Keywords: Consent Fatigue, Meaningful Consent, Right to Privacy, Digital Personal Data Protection Act 2023, Informational Self-Determination.

CONSTITUTIONAL IMPLICATIONS OF CONSENT FATIGUE IN DATA PROTECTION- RETHINKING MEANINGFUL C.

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