Guardians Of The Data Galaxy: Navigating India's Evolving Data Protection Laws And Privacy Battles

Dipanakr Banerjee, Amity University

ABSTRACT

In the vast expanse of technological frontiers, the ascent of science and technology has prompted legislatures worldwide to enact new regulations. Among these, Data Protection laws have emerged as a recent addition, aiming to combat cyber threats against individuals' privacy rights. The right to privacy inherently encompasses the safeguarding of personal data. In today's digital era, concerns over data privacy and protection loom large due to the potential misuse of technological advancements. Data Protection mechanisms strive to fortify individuals' data against unauthorized access and internal threats. India's constitutional framework, which prioritizes rights over duties, implicitly underscores the significance of data privacy and protection through Articles 21 and 19. Despite mentions within existing legislation such as the Indian Penal Code, Information Technology Act, and Right to Information Act, India lacks standalone legislation dedicated to data privacy and protection. This research paper delves into the current legal landscape of Data Protection laws in India, scrutinizes the progress of the proposed Personal Data Protection Bill, and examines the societal challenges it faces. Primary sources such as the Indian Constitution, Indian Penal Code, IT Act, and RTI Act, along with secondary sources like articles and books, serve as the foundation for this investigation.

Keywords: Data Privacy, Data Protection, Indian Constitution, Information Technology, Indian Penal Code, Personal Data Protection Bill, Sreekrishna Committee, Data Security Council of India.