Guarding Digital Frontiers: The Legal Evolution Of Data Protection In India
- IJLLR Journal
- Jul 28, 2025
- 2 min read
Sakshi Solanki, Gitarattan International Business School
INTRODUCTION
The evolution of data protection laws in India reflects the country’s response to the complex challenges of safeguarding individual privacy in the digital age. With the increasing integration of digital technologies into everyday life—ranging from online banking and telemedicine to social media and e-governance—the collection and processing of personal data have become both ubiquitous and indispensable. However, this digital transformation has also heightened concerns about data misuse, surveillance, and the lack of adequate safeguards for personal information.
Historically, India lacked a dedicated legal framework for data protection. Early efforts were embedded within the broader provisions of the Information Technology Act, 2000, which primarily focused on cybercrime and electronic commerce rather than individual data rights. The introduction of Section 43A through an amendment in 2008 and the subsequent SPDI Rules of 2011 represented initial attempts to address data privacy. Yet these measures were narrow in scope, applying largely to corporate entities and offering limited protections to individuals.
A significant turning point came with the Supreme Court’s 2017 judgment in Justice K.S. Puttaswamy v. Union of India, which unequivocally recognized the right to privacy as a fundamental right under the Indian Constitution. This judicial milestone not only underscored the urgent need for comprehensive data protection legislation but also laid the constitutional foundation for future reforms.
This article traces the legal and policy evolution of India’s data protection framework—from its fragmented origins to the enactment of the Digital Personal Data Protection Act, 2023. It examines key legislative developments, judicial interventions, and regulatory mechanisms that have shaped the current regime. By analyzing the structural shift from sectoral regulations to a rights-based approach, the article highlights India’s journey toward creating a secure, transparent, and accountable digital environment that respects individual autonomy and privacy.
