The Analysis Of The Digital Rights And Privacy Law With Special Reference To Europe, USA And India
- IJLLR Journal
- Apr 30
- 2 min read
Adesh Kumar, University of Lucknow
ABSTRACT
In 21st , there is a rapid race of digital innovation that presents significant challenges to the existing laws, necessitating a delicate between technological advancement and the protection of individual rights. This paper examines the digital rights and privacy of individuals in a technologically advanced world, aiming to establish a balance between digital rights and individual privacy. Through a historical overview, the paper traces the development of privacy laws from their inception to the current global regulatory framework including some major legislation such as the General Data Protection Regulation (GDPR), Communication Decency Act (CDA), the Children Online Privacy Protection Act (COPPA), the California Consumer Privacy Act (CCPA). It delves into the challenges posed by emerging technologies such as artificial intelligence, the internet of things, the big data, and examines case studies that illustrate these challenges, the analysis reveals a dynamic interplay between digital rights and privacy of individuals, while in the lack of strict regulatory authority on digital rights may impede individual rights of privacy and if we emphasis more on individual rights of privacy then it affects the digital rights. In India, the development of digital rights is intricately linked to the prevalence of the internet, the use of mobile phones, and government programs such as Digital India, which seek to transform the country into a digitally empowered society. Although these measures have stimulated economic expansion and enhanced the availability of services, they have also sparked apprehension over safeguarding individual privacy and the principle of ethical personal data usage. This paper has analyzed significant events such as the Supreme Court’s pivotal ruling in Justice K.S. Puttaswamy vs Union of India SC 20171, which held that privacy is an inherent entitlement under our constitution. Furthermore, I have analyzed the consequences of the Aadhar biometric identification system and the continuing discussion surrounding the Personal Data Protection Act. Therefore, both are interlinked, and statutory law deals with individuals' digital and privacy rights developed simultaneously.
Keywords: Privacy Law, Individual Rights, GDPR, CCPA, Data Protection Act.
