Legal And Regulatory Issues Of Privacy And Data Protection In E-Commerce

Vaishnavi P, J.S.S Law College

INTRODUCTION

In history of Indian legal perspective the growth of the Legal and regulatory issues relating to ‘Privacy’ prime importance after the landmark judgement of Kesavananda Bharati v. State of Kerala1, which made the growth of the “Doctrine of Basic Structure” thus pointing out that the power of the Parliament is limited where they make an amendment as per the Constitution of India. In the case of M.P Sharma Chandra v. Satish Sharma2 where in the first instance the issue of privacy was first discussed where the act provided by the Criminal procedure of the Country is violative of the Part III of the Constitution of India and purely unconstitutional.

Thus in this paper the researcher aims to explain and observe the legal perspective and legal provisions and judicial decisions with respect to the data protection, privacy.

Nevertheless, the court put out the message privacy remains within the walls of the house only and not otherwise and it can only be put out in such manner if it comes out and not otherwise. The pronouncement of ADM Jabalpur v. Shivakant shukla3 which is noted as a dark mark in the history of Indian Judiciary which was one of the incident which rejected the matter of Privacy. Later in the case which was named as NAZ Foundation v. Government of NCT4 the court Pronunced the importance of dignity and privacy which needs to be protected as an essential part of the Fundamental rights under the part III of the Indian constitution. And it was the Justice K.S Puttaswamy and Ors. v. Union of India and Ors.5 which made the land mark decision in the history of Privacy matter which was made on the various case.6