top of page

The Privacy Paradox And The Illusion Of Control: A Critical Study Of Digital Privacy In India




Priyadarshini Chakraborty, Manipal Law School, Bengaluru


ABSTRACT


The fast changing and rapid expansion of the digital economy in India has not only transformed the way personal data is collected, processed, and utilised but also has transformed how people value their own personal data these days. At the very core end of this transformation lies the concept of consent which forms a legal basis of processing data under the Digital Personal Data Protection Act, 2023. With the current enforcement and more awareness of protection of personal data individuals worry a lot about their privacy, apart from all the privacy awareness still individuals go ahead and share all sorts of personal stuff online without much thought. This whole concept is known as the privacy paradox. It makes individuals really think of the fact of how the usual consent setups let them have real control over their own data. This paper will study the concept of privacy paradox from the viewpoint of behavioural, technological, and legal dimensions within the Indian context. It will further argue the structural issues such as information asymmetry, cognitive overload and interface manipulation which undermines the validity of current consent mechanism. The paper further discusses the Indian data protection regime which is still progressing in its principle remains limited in addressing deeper concerns. A conclusion will be drawn by advocating a shift from a formal consent autonomy through stronger regulatory interventions and a design-based protections.


Keywords: Privacy paradox, data protection, Digital Personal Data Protection Act, 2023, Consent, Privacy.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

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.

bottom of page