Right To Privacy in Digital Age: A Study with Indian Context

The right to privacy is a cornerstone of individual autonomy and personal dignity, increasingly significant in the digital age where personal data is both valuable and vulnerable. This paper examines the evolution of the right to privacy in India, from its limited recognition in early constitutional judgments such as M.P. Sharma v. Satish Chandra (1954) and Kharak Singh v. State of Uttar Pradesh (1964) to its explicit acknowledgment as a fundamental right in the landmark case of Justice K.S. Puttaswamy v. Union of India (2017). The study highlights how technological advancements and digitization have intensified privacy concerns, such as data breaches, mass surveillance, and social media accountability, exemplified by incidents like the Pegasus spyware controversy and Cambridge Analytica scandal. This paper evaluates India's legislative framework for privacy protection, including the Information Technology Act, 2000, the Personal Data Protection Bill, 2019, and the recently enacted Digital Personal Data Protection Act, 2023, while drawing comparisons with global standards like the European Union's General Data Protection Regulation (GDPR) and the United States' sectoral privacy laws. Judicial interventions, such as those addressing Aadhaar’s constitutionality and striking down Section 66A of the IT Act, have been pivotal in balancing individual rights and state interests. The study underscores the need for comprehensive privacy legislation, robust regulatory frameworks, and public awareness to address the complexities of privacy in the digital age. By fostering transparency, accountability, and proportionality in data collection and surveillance practices, India can safeguard its citizens' rights while ensuring national security and technological progress. The findings aim to contribute to ongoing policy discussions and the development of a balanced, inclusive digital ecosystem.