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Legal Challenges In Safeguarding Personal Data And Privacy




Kiran, Kurukshetra University


ABSTRACT:


In the digital age, personal data has emerged as a critical asset, fueling innovation, governance, and commerce. However, the rapid proliferation of digital technologies and data- driven systems has also intensified concerns surrounding individual privacy and the protection of personal information. Despite the introduction of various legal frameworks worldwide, significant regulatory and enforcement gaps continue to expose citizens to risks such as unauthorized surveillance, data breaches, and misuse of sensitive information.


This paper delves into the complex and evolving legal landscape of data privacy by examining major legal instruments, with particular focus on the European Union's General Data Protection Regulation (GDPR) and India's recently enacted Digital Personal Data Protection Act, 2023. Through a comparative lens, the study evaluates the effectiveness, scope, and limitations of these frameworks in addressing the modern challenges of digital privacy.


Furthermore, the paper critically analyses judicial trends and landmark decisions concerning data protection, surveillance, and the right to informational autonomy. It explores how courts have interpreted privacy rights in the face of competing interests such as national security and technological innovation.


Ultimately, the paper concludes with constructive recommendations for policy reforms, legal harmonization, and institutional strengthening aimed at ensuring robust data governance, fostering accountability, and reinforcing the individual's control over personal data in the digital ecosystem.


Keywords: Personal Data, Data Privacy, Digital Technologies, GDPR, Digital Personal Data Protection Act 2023, Legal Frameworks, Data Protection Laws, Surveillance, Judicial Responses, Privacy Rights, Data Breach, Legal Challenges, Regulatory Gaps, Data Governance, Information Autonomy.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

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.

 

Disclaimer:

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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