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Safeguarding Data Privacy: A Comparative Study Of Legal Protections In Brazil And India


Rohit Tamang, LL.M, CMR University School of Legal Studies, Bangalore


ABSTRACT


This study examines data protection and privacy as fundamental rights in Brazil and India. exploring their legal frameworks, key principles, and challenges. Both countries have implemented legislative measures impired by international vandards such as the GDPR, UDHR, and ICCPR. This study highlights the constitutional status of these rights and the establishment of national data protection authorities in both nations. Despite these advances, the effectiveness of these recent laws remains uncertain, with common challenges, such as balancing privacy with national security concerns and ensuring robust enforcement mechanisms. Utilizing an exploratory and hypothetical deductive methodology, this study underscores the dynamic nature of data privacy issues in the digital age. It is concluded that while Brazil and India have made significant progress in recognizing and safeguarding data privacy ap rights, ongoing efforts are required to address emerging challenges and ensure the effectiveness of these legal protections


Keywords: Data Protection, Privacy Rights, Brazil, India, Legal Frameworks, GDPR, UDHR, ICCPR, Constitutional Rights, National Data Protection Authorities, Enforcement Mechanisms, National Security, Digital Age, Emerging Challenges.



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.

 

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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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