Abstract:
In the contemporary digital landscape, the constitutional right to privacy has emerged as safeguard to individual autonomy and personal liberty. The corestone being Justice Puttaswamy Judgement of 2017, envisaged privacy under Article 21 of the Constitution of India as a fundamental right. This research entails the development of privacy as the fundamental right.This research throws light on the evolution of digital privacy in India, exploring the legislative history. Additionally, a comparison is drawn between the Information Technology Act of 2000 and the DPDPA. This research studies the balanced approach managing individual autonomy and technological governance.
The Digital Personal Data Protection Act (DPDPA) of 2023 marks a pivotal moment in the history of legislative response to the challenges of the Cybernetic Age. The Act emerges against technological transformation treating personal data as vulnerable and valuable assets. The three focal points discussed in the paper are Regulation, Protection and Procession of personal data. The act aims to employ an interdisciplinary approach to protect personal data whilst enabling technological innovation.
This research also delves into a critical area of influential divergence from the established model of the European Union’s General Data Protection Regulation (GDPR) over the Act. The research critically examines India’s distinctive approach to fortify privacy in the era of technology. Through a critical and nuanced perspective, the research contributes to understanding our digital rights in an increasingly interconnected world.
Keywords: Digital Personal Data Protection Act, Right to Privacy, General Data Protection Regulation, Individual Autonomy, Technological Governance.
Introduction
With the introduction of Digital Personal Data Protection Act (DPDPA) of 2023, India stands at a critical juncture in the ever-evolving technology segment. The umbrella of privacy under Article 21 shadowed over “technology and innovation” through the effort of Shashi Tharoor, among others. The DPDPA vocals against potential privacy of an Individual. Core privacy rights coupled with consent mechanisms fundamentally recognises privacy as a critical individual autonomy while balancing legitimate data processing needs.
A survey report conducted in 2024, titled – ‘State of Data Privacy in India’ highlights that 56% of the respondents express confidence in government privacy initiatives, indicating a positive outlook of DPDPA. Nonetheless, the report also contains an alarming statistic of 52% Organisations who have faced data breaches in the last 5 years, exemplifying the need of an hour.[1] This research aims to critically examine pivotal moment in Indian Governance, the DPDPA.
[1]CII-TATA COMMUNICATIONS, CENTRE FOR DIGITAL TRANSFORMATION, PROTIVITI GLOBAL BUSINESS CONSULTANT, & Confederation of Indian Industry. (2024). State of Data Privacy in India Survey Report 2024. Retrieved January 19, 2025, from https://www.protiviti.com/sites/default/files/202408/state_of_data_privacy_in_india_survey_report_2024.pdf