Author: P. Meenatchi, Government Law College, Trichy
To the Point:
In today’s digital world, our personal information is constantly shared through online sources—whether we are using social media, messaging apps, or even shopping online. Every click, search, or message leaves behind data on various digital platforms. But how safe is this data? And do we have any rights over how our data is used or stored by these platforms?
The right to digital privacy is about protecting our personal information in such online spaces. In India, the right to privacy was declared a fundamental right by the Supreme Court in the landmark Puttaswamy judgment.Despite this, people continue to face serious issues like data breaches, unauthorized surveillance, and misuse of personal data—such as deepfakes—by private companies and even the government.
This article aims to explore what digital privacy means, why it matters, the legal developments so far, and what more needs to be done to truly safeguard an individual’s online privacy.
Abstract:
In the modern era of smartphones, social media, and digital transactions, protecting personal information has become very important. With every online activity, from chatting to shopping, we leave behind our personal data on various digital platforms. This has raised concerns about how such data is collected, stored, and used by both private companies and the government.The right to digital privacy has become a key issue in India, especially after the Supreme Court declared privacy as a fundamental right. From data leaks to surveillance, citizens continue to face serious threats to their online privacy.
This article explores what digital privacy means, how Indian law protects it, and what more can be done to ensure that an individual’s personal information remains safe in the digital world.
Use of Legal Jargon:
In India, the concept of digital privacy comes from the broader Right to Privacy, which is protected under Article 21 of the Constitution. This was clearly upheld in the landmark case Justice K.S. Puttaswamy v. Union of India (2017), where the Supreme Court declared that privacy is a fundamental right. The Court stressed that people have the right to protect their personal data and should have control over how it is used.
While discussing digital privacy, several legal terms are often used:
Data Fiduciary refers to any individual, company, or organization that handles personal data and has a responsibility to manage it carefully.
Data Subject is the person whose data is being collected or processed.
Consent must be freely given by the data subject before their information is collected or used.
End-to-End Encryption, used by messaging apps like WhatsApp, allows only the sender and receiver to read the messages, keeping them secure from third parties.
Surveillance involves monitoring a person’s online activities, often by authorities or government agencies.
Right to be Forgotten allows individuals to request deletion of their personal data from platforms or search engines.
In 2023, the Digital Personal Data Protection Act was passed by the Indian government. This law lays down rules on how personal data should be collected, stored, and processed. It also provides rights to individuals and places duties on those who manage the data.
One ongoing concern is about traceability—the government has asked platforms like WhatsApp to trace the origin of messages for national security reasons. However, this can interfere with privacy protections and has sparked major debates.These legal terms help in understanding how digital privacy is being handled under Indian law and what rights citizens hold in the digital space.
The Proof :
The importance of digital privacy in India has become clearer through real incidents that show how personal information can be collected, misused, or even stolen.
One of the biggest concerns came in 2018, when a major news outlet reported that Aadhaar card details of millions of citizens were available online for as little as ₹500. This was very alarming because Aadhaar contains sensitive personal details like name, address, mobile number, and biometric data. The government denied a serious breach, but the issue raised strong questions about the safety of public data in government databases.
Another shocking incident happened in 2019, when WhatsApp confirmed that several Indian journalists, lawyers, and activists were being spied on using a software called Pegasus. This spyware could read messages, listen to calls, and even turn on the camera without the user knowing. This showed that even encrypted apps were not completely safe from surveillance by powerful tools.
Apart from government-related privacy issues, private companies also track user activity. Every time someone searches something online, shops on a website, or uses an app, their data — including location, preferences, and habits — is collected. Often, these companies do not clearly tell users how their data will be used. This data is sometimes shared with advertisers or other companies, leading to concerns about digital consent and user awareness.
Recently, there have been concerns over deepfake videos, where a person’s face or voice is edited using AI to make it look real. This has been misused to spread false information or even to defame people. It adds a new layer of threat to personal identity and digital safety.
There must be stronger systems to protect people’s digital privacy. Citizens should be aware of their rights and have the power to take action if their data is misused.
Case Laws:
1. Justice K.S. Puttaswamy (Retd.) v. Union of India (2017)
This is the most important case when it comes to the right to privacy in India. In this case, a retired judge, Justice Puttaswamy, challenged the Aadhaar scheme and raised questions about personal data collection. The Supreme Court, in a major ruling, held that privacy is an essential part of the fundamental right to life and personal liberty guaranteed by Article 21.The court also said that privacy includes many things like personal choices, information, and even sexual orientation. This judgment laid the foundation for digital privacy rights in India.
2. Internet and Mobile Association of India v. Reserve Bank of India (2020)
RBI had prohibited banks from working with businesses that dealt in cryptocurrencies. The court struck down this circular and indirectly supported the importance of digital rights and innovation. While this case is not directly about privacy, it showed that digital freedom and data use policies must be reasonable and not overly strict without good reasons.
3. People’s Union for Civil Liberties (PUCL) v. Union of India (1997)
Even before digital technology became big, this case was about telephone tapping. The court said that telephone conversations are private and cannot be tapped unless there’s a lawful reason. This case helped shape the idea that communication privacy is part of a person’s life and must be protected.
Conclusion
In today’s digital world, privacy is not just about keeping secrets—it’s about having control over our own personal information. With more and more of our lives moving online, protecting our data has become a serious concern. Acknowledging privacy as a fundamental right marked an important milestone for India. However, challenges like data breaches, lack of strong data protection laws, and misuse of information still exist.Public awareness is also important—people should know how their data is being used and what rights they have.Protecting digital privacy is not just a legal issue—it’s about respecting human dignity in the digital age.
FAQS
1. What is digital privacy?
Digital privacy refers to the protection of personal information that is shared, stored, or processed online.It ensures that individuals have control over how their data is collected, used, and shared on digital platforms.
2. Is the right to digital privacy a fundamental right in India?
Yes. In the landmark Justice K.S. Puttaswamy v. Union of India (2017) case, the Supreme Court of India declared the right to privacy as a part of Article 21, making it a fundamental right under the Constitution.
3. Does India have a data protection law?
India recently passed the Digital Personal Data Protection Act, 2023, which aims to regulate the collection, processing, and storage of personal data by private and government entities.
4. Can the government access my private messages?
In certain circumstances, such as national security or public safety, the government may seek access to data. However, such access must follow legal procedures and respect constitutional rights.
5. What are some common threats to digital privacy?
Some common threats include data leaks, hacking, unauthorized surveillance, phishing, misuse of personal information by apps or websites, and lack of user consent.
6. How can individuals protect their digital privacy?
Users can protect their data by using strong passwords, enabling two-factor authentication, limiting permissions on apps, using encrypted platforms, and being cautious while sharing information online.
