Privacy And Data Protection Laws In India: A Right Based Analysis
- IJLLR Journal
- Aug 31, 2024
- 2 min read
Adv Aakanksha Milind Alai, LLM, Modern Law College, Pune
ABSTRACT:
The advancement of technology and the evolving legal landscape provide new perspectives on privacy and data protection issues in today's era. Privacy is about avoiding interference with the interests of others. With technological advancements, privacy has become a concern for every individual, highlighting the need for data protection. Data protection emphasizes individual liberty, which is increasingly threatened by intrusions from strangers. It is crucial to halt unauthorized access to an individual's activities by any means. The basic legal requirements for any emerging issue can be validated through the constitution. The Indian Constitution places greater emphasis on rights than on duties. Therefore, data protection is considered from a rights-based perspective. As a developing nation, India requires time to implement and enforce this new area of law effectively. The issue of data protection intersects with various areas, including the Right to Privacy, Right to Information, Information Technology, the Indian Penal Code, National Security, Intellectual Property, Corporate Affairs, and Consumer Protection. The aim of this research is to examine the current legal status of privacy and data protection in India as a matter of right. The constitutionality of privacy and data protection has gained significant importance in recent times, underscoring the need to accord it special status within the legal framework. It is essential to analyze the effectiveness of the existing legal framework to ensure robust protection of privacy. This research explores how the nature of individual rights is impacted by data protection concerns in relation to other laws. The goal of presenting this theme is to align India's approach with that of other countries.
Keywords: Data Protection, Constitutional Law, Privacy, Information Technology, Indian Penal Code, Intellectual Property Rights,Bharatiya Nyaya Sanhita.