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Right To Privacy In The Digital Age




Priya Verma, Amity Law School, Amity University, Lucknow

Dr. Kunvar Dushyant Singh, Assistant Professor (Grade III), Amity Law School, Amity University


ABSTRACT


Technological innovation in the twenty-first century has dramatically reshaped how personal information is created, processed, and exchanged. Digital platforms, biometric identification systems, artificial intelligence, and data analytics have enabled unprecedented access to individual data by both the State and private entities. While these developments have contributed to efficiency and economic growth, they have simultaneously intensified concerns relating to privacy, surveillance, and individual autonomy. In India, the constitutional status of the right to privacy was conclusively settled by the Supreme Court in Justice K.S. Puttaswamy v. Union of India (2017), which recognized privacy as a fundamental right inherent in human dignity and liberty. This research paper critically examines the evolution of the right to privacy in India and evaluates its relevance in the contemporary digital environment. It analyses issues such as mass surveillance, corporate data exploitation, biometric identification, and social media intrusion, while assessing the adequacy of India’s legal framework for data protection. The paper argues that safeguarding privacy is essential for preserving constitutional democracy in the digital age. This paper undertakes a comprehensive doctrinal and analytical study of privacy in the digital era. It traces the evolution of privacy from its early conceptual foundations to its recognition as a constitutional right in India through Justice K.S. Puttaswamy (Retd.) v. Union of India. It evaluates international regulatory frameworks such as the GDPR, examines challenges posed by artificial intelligence and surveillance technologies, and critically assesses India’s emerging data protection regime. The paper argues that privacy must be understood as a structural democratic guarantee essential for safeguarding dignity, autonomy, equality, and constitutional governance in a data-driven society.


Keywords: Privacy, Digital Technology, Fundamental Rights, Surveillance, Data Protection, Constitution of India.



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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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.

 

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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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