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Safeguarding Anonymity: The Emerging Jurisprudence On Data Safety In India




Shiva Kumari, LL.M., Jharkhand Rai University, Ranchi, Jharkhand


ABSTRACT


This article examines the evolution of Data Safety jurisprudence in India, with particular focus on the transformative impact of the The Digital Personal Data Protection Act (DPDDA), 2023 and the landmark Puttaswamy judgment. Tracing the emergence of anonymity as a constitutional right in India, the article analyses the foundational principles that underpin the contemporary legal framework governing Data Safety. Through a comparative analysis with international standards, particularly the EU GDPR, the article evaluates India's approach to balancing individual anonymity rights with legitimate state interests and business requirements. It further explores key challenges in implementation, including jurisdiction issues, consent mechanisms, and enforcement structures. The article concludes by proposing reforms that could strengthen India's Data Safety regime while ensuring its adaptability to rapid technological change, suggesting that India stands at a crucial juncture in developing a robust jurisprudence that both protects individual rights and enables responsible data utilization in an increasingly digital economy.



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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