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Data Protection And Privacy In Cyberspace: Legal Challenges In India




Simran Najmal, St. Joseph's College of Law, Bangalore


ABSTRACT


The rapid expansion of digital technologies in India has intensified concerns surrounding data protection and informational privacy, necessitating a robust legal framework to safeguard individual rights in cyberspace. The recognition of the right to privacy as a fundamental right by the Supreme Court in Justice K.S. Puttaswamy (Retd.) v. Union of India marked a constitutional turning point, compelling legislative action in the realm of personal data protection. Against this backdrop, the Digital Personal Data Protection Act, 2023 (DPDP Act) was enacted with the objective of regulating the processing of digital personal data and institutionalising privacy protections. This paper undertakes a critical doctrinal analysis of the DPDP Act to examine whether it effectively translates the constitutional mandate of privacy into enforceable statutory safeguards. The study analyses key provisions relating to consent, cross-border data transfers, institutional enforcement mechanisms, and government exemptions. It argues that despite its progressive intent, the Act suffers from significant structural deficiencies, including broad state exemptions, ambiguous transfer frameworks, and limited independent oversight. These shortcomings, when read alongside existing surveillance laws, create constitutional concerns regarding proportionality and accountability. By comparing the DPDP Act with international standards such as the GDPR, the paper highlights regulatory gaps that undermine individual autonomy and privacy. The study concludes that while the DPDP Act represents an important legislative advancement, substantive reforms are required to ensure effective protection of privacy rights in India’s evolving digital ecosystem.


Keywords: Digital Personal Data Protection Act, 2023; Right to Privacy; State Surveillance; Cross-Border Data Transfers; Institutional Oversight.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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