Author name: Kasak Dubey
University: Swami Vivekanand University Sagar Madhya Pradesh
To the point
In the contemporary digital landscape, data has emerged as one of the most valuable assets, often referred to as the “new oil.” Individuals routinely share vast amounts of personal information online—whether while accessing government services, using social media platforms, making digital payments, or even through wearable health devices. As a result, the right to control one’s personal data and the obligation of entities to protect it have become paramount. “As technology becomes increasingly integrated into our daily lives, concerns are mounting over the misuse, unauthorized distribution, and commercial exploitation of personal data.”
Data privacy, in this context, refers to the legal and ethical right of individuals to determine when, how, and to what extent information about them is shared with others. It encompasses both the protection of sensitive personal data and the establishment of rights and remedies in cases of misuse. The significance of data privacy goes beyond individual concerns—it touches upon national security, public trust in digital systems, and democratic accountability.
“In India, the legal recognition of data privacy gained significant momentum following the Supreme Court’s landmark decision in Justice K.S. Puttaswamy v. Union of India (2017), which unequivocally established the right to privacy as a fundamental right under Article 21 of the Constitution.” This judgment served as a catalyst for legislative reforms, leading to the introduction of the Digital Personal Data Protection Act, 2023. However, despite these developments, there remain substantial challenges in implementing an effective data protection regime due to issues such as digital illiteracy, lack of enforcement infrastructure, and rising incidents of cybercrime.
This article aims to explore the legal intricacies surrounding data privacy in India. It will discuss key legal terms, analyze statutory and constitutional frameworks, examine landmark judgments, and highlight the ongoing challenges in safeguarding digital rights. By doing so, it seeks to contribute to the broader conversation on how India can strike a balance between technological innovation and the fundamental right to privacy.
Use of legal jagron
Data privacy applies in a wide range of situations where personal information is collected, processed, stored, or shared—whether by government authorities, private companies, digital platforms, or individuals acting in a professional capacity. It becomes applicable the moment any personally identifiable information (PII)—such as names, contact details, Aadhaar numbers, financial information, health records, or biometric data—is handled.
With the enactment of the Digital Personal Data Protection Act, 2023, data privacy regulations are now enforceable across both public and private sectors, covering activities that occur online (such as through websites, apps, and cloud services) and offline (such as manual records or paper forms). The law also has extraterritorial reach, extending beyond India’s borders to cover entities located abroad if they process the personal data of Indian residents in connection with offering goods, services, or engaging in profiling.”
Moreover, data privacy is applicable in critical sectors like healthcare (hospitals, health-tech apps), finance (banks, digital wallets), education (ed-tech platforms), e-commerce, social media, and telecommunications. Organizations in these sectors are legally bound to obtain valid consent, ensure data minimization, maintain security safeguards, and provide users with rights over their data.
“Data privacy is not limited to a specific industry or context—it is a universal responsibility that accompanies data across all platforms, requiring accountable and ethical handling at every stage of its lifecycle.”
The proof
“The development of data privacy in India has been profoundly shaped by landmark judicial decisions, legislative efforts, and evolving policy frameworks. A defining milestone was the Supreme Court’s unanimous verdict in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), which unequivocally recognized the right to privacy as a fundamental right under Article 21 of the Indian Constitution. This historic ruling laid the constitutional foundation for establishing a comprehensive data protection regime in the country.” This judgment laid the constitutional groundwork for the creation of a structured data protection regime in India. “In response to growing concerns over data privacy, the Government of India enacted the Digital Personal Data Protection Act, 2023 (DPDPA). This legislation seeks to regulate the processing of digital personal data by both public and private entities, emphasizing key principles such as lawful processing, informed consent, purpose limitation, and the right to grievance redressal. Prior to the DPDPA, data protection was addressed in a limited manner under Section 43A of the Information Technology Act, 2000, and the IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.” These were India’s first attempts to impose obligations on “body corporates” handling sensitive personal data like passwords, health records, and biometric data. Among the central authorities responsible for data privacy policy and enforcement are the Ministry of Electronics and Information Technology (MeitY), which drafts digital policy and rules, and the newly introduced Data Protection Board of India, established under the DPDPA 2023 to handle grievances and ensure compliance. Moreover, global legal frameworks like the General Data Protection Regulation (GDPR) of the European Union serve as influential references and are often used as benchmarks in shaping Indian privacy norms. These facts and legal authorities reflect the increasing seriousness with which India is approaching data privacy, transitioning from fragmented rules to a rights-based, consent-driven legal structure.
Abstract
In the digital age, the concept of privacy has undergone a profound transformation, expanding from a personal and social concern into a complex legal issue with far-reaching implications. This article delves into the evolving framework of data privacy in India, highlighting its emergence as a fundamental right under Article 21 of the Constitution, following the historic Supreme Court verdict in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017). With increasing reliance on technology for governance, commerce, healthcare, finance, and communication, the volume of personal data being collected and processed has surged exponentially, giving rise to critical concerns about consent, data misuse, surveillance, and accountability. In response, the Government of India enacted the Digital Personal Data Protection Act, 2023, which lays down comprehensive rules for the lawful processing of personal data, introduces obligations for data fiduciaries, and establishes a Data Protection Board for redressal and regulation. This article explores the legal terminologies, regulatory framework, institutional authorities, and significant case laws that shape India’s data protection regime. It also draws comparisons with international standards, particularly the European Union’s General Data Protection Regulation (GDPR), to assess the adequacy of India’s approach. By analyzing the intersection of privacy, technology, and law, the article aims to provide a well-rounded understanding of the challenges and opportunities in enforcing data privacy rights in a rapidly digitizing society. It concludes by emphasizing the need for public awareness, institutional transparency, and technological safeguards to uphold the dignity and autonomy of individuals in the digital era.
Case laws
1. Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) 10 SCC 1
Landmark judgment where the Supreme Court unanimously declared the right to privacy as a fundamental right under Article 21 of the Constitution.
Laid the constitutional foundation for future data protection laws in India, including the Digital Personal Data Protection Act, 2023.
2. Aadhaar Case – Justice K.S. Puttaswamy (Aadhaar-5J) v. Union of India (2019) 1 SCC 1
This case upheld the constitutionality of the Aadhaar scheme but struck down provisions that allowed private companies to use Aadhaar data, citing privacy concerns.
3.Kharak Singh v. State of Uttar Pradesh AIR 1963 SC 1295
Early case where the Court recognized privacy in a limited form, holding that unauthorized intrusion by the police violated the individual’s liberty under Article 21.
Although privacy was not declared a fundamental right here, it was a stepping stone for later jurisprudence.
Conclusion
In today’s data-driven society, where digital interactions define nearly every aspect of human life, data privacy has emerged as a crucial pillar of democratic values and individual freedom. This article traced the trajectory of data privacy in India—right from its constitutional sanctity under Article 21 to legislative efforts such as the Information Technology Act, 2000 and the recently enacted Digital Personal Data Protection Act, 2023. It also analyzed significant judicial decisions, most notably the landmark case of Justice K.S. Puttaswamy v. Union of India, which firmly established the right to privacy as a fundamental right.”
Despite this progress, serious challenges persist: weak enforcement, lack of accountability among data fiduciaries, limited public awareness, and the rapid evolution of intrusive technologies. The growing volume of data collection, coupled with inadequate safeguards, raises critical concerns about surveillance, data misuse, and erosion of individual rights.
The way forward calls for a multi-layered and proactive approach—one that includes the establishment of independent data protection authorities, promotion of privacy-by-design frameworks, enhancement of digital literacy, and adoption of transparent data governance models. Policymakers, private entities, and civil society must collaborate to create a privacy-respecting digital ecosystem that balances innovation with individual rights. Only through such integrated efforts can India ensure that the promise of the digital age does not come at the cost of its citizens’ privacy and dignity.
FAQs
1. What is data privacy?
Data privacy refers to the right of individuals to control how their personal information is collected, used, stored, and shared. It ensures that sensitive data—such as name, address, financial details, health records, or online behavior—is protected from unauthorized access or misuse.
2.Is the right to privacy a fundamental right in India?
“In its landmark judgment in Justice K.S. Puttaswamy v. Union of India (2017), the Supreme Court of India affirmed that the right to privacy is a fundamental right enshrined under Article 21 of the Constitution.”
3.How can individuals file a complaint related to data privacy?
Individuals can raise a grievance directly with the data fiduciary. If unsatisfied, they may escalate the issue to the Data Protection Board of India, which will review and decide on the matter.
4.How can individuals protect their data online?
By practicing digital hygiene: use strong passwords, enable two-factor authentication, avoid sharing personal details unnecessarily, read privacy policies, and adjust privacy settings on apps and websites.
5.Why is data privacy important?
Data privacy is crucial for protecting individual autonomy, preventing identity theft, ensuring digital security, and maintaining trust in digital platforms. In today’s digital age, where personal data is constantly collected, strong privacy safeguards are essential.