Right To Privacy And Data Protection An Illusion In The Era Of Digitalisation? A Critical Study

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Mr. Hanumanthappa GT, Research Scholar, P.G Department of Studies in Law, Karnatak University, Dharwad

ABSTRACT

The high pace of digitalisation of the state machinery and business processes made the issue of individual data security and the right to privacy even more acute. This paper is a critical analysis of how privacy as a constitutional right has evolved in India, especially in the light of its being considered one of the fundamental rights and the study of the emergent data protection regulatory framework in the wider context of global regulative trends. The study uses a comparative and doctrinal approach to assess the Indian legal regime and the other international systems, which are the rights-based approach used by the European Union and the sectoral approach which is used by the United States. The research outlines the major problems associated with the underdeveloped enforcement systems, the increasing penetration of the State surveillance, the complexity of the data transfers, and the increased commoditisation of personal data. It contends that despite the recent changes of laws, there is more to be desired as far as accountability and safeguarding individual autonomy are concerned. The paper has ended by reiterating how innovation requires a balanced and rights-based methodology that builds sound privacy controls in tandem with innovation that is backed by proper institutional frameworks and international alignment.

Keywords: Right to Privacy, data protection, digital governance, surveillance, GDPR

308. RIGHT TO PRIVACY AND DATA PROTECTION AN ILLUSION IN THE ERA OF DIGITALISATION_ A CRIT

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