Privacy and Data Protection in India’s Legal Framework

Globally, privacy has become a fundamental human right, and the Indian Constitution recognizes it as such under Article 21. As society digitizes, along with technological advancements, safeguarding personal data and privacy has become increasingly difficult. In India, privacy rights have been acknowledged through judicial interpretations and legislative measures, such as the Information Technology Act and the proposed Digital Personal Data Protection Bill, but comprehensive protection against data misuse and breaches remains a challenge. In this paper, we examine the evolution of privacy as a legal right in India, analyze the existing legal framework, and discuss its limitations. The study compares India's approach to data protection with international standards such as the European Union's General Data Protection Regulation (GDPR). The report emphasizes the necessity of robust mechanisms to ensure accountability, secure sensitive information, and address emerging privacy concerns in the digital age, improving the legal framework for privacy and data protection in India.

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Publication Details

Journal
International Journal for Research in Applied Science and Engineering Technology
Published
2025-08-28
DOI
https://doi.org/10.22214/ijraset.2025.73824
Primary Topic
Privacy, Security, and Data Protection
Type
article
Field-Weighted Citation Impact
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article

Privacy and Data Protection in India’s Legal Framework

Rajnish K. Gupta, Sanjay Mulik -
International Journal for Research in Applied Science and Engineering Technology
Privacy, Security, and Data Protection
article

Privacy and Data Protection in India’s Legal Framework

Rajnish K. Gupta, Sanjay Mulik -
article en

Abstract

Globally, privacy has become a fundamental human right, and the Indian Constitution recognizes it as such under Article 21. As society digitizes, along with technological advancements, safeguarding personal data and privacy has become increasingly difficult. In India, privacy rights have been acknowledged through judicial interpretations and legislative measures, such as the Information Technology Act and the proposed Digital Personal Data Protection Bill, but comprehensive protection against data misuse and breaches remains a challenge. In this paper, we examine the evolution of privacy as a legal right in India, analyze the existing legal framework, and discuss its limitations. The study compares India's approach to data protection with international standards such as the European Union's General Data Protection Regulation (GDPR). The report emphasizes the necessity of robust mechanisms to ensure accountability, secure sensitive information, and address emerging privacy concerns in the digital age, improving the legal framework for privacy and data protection in India.

International Journal for Research in Applied Science and Engineering TechnologyVol. 13(8)
NIILM University (IN)
Openalex Percentile: Top 69%
Privacy, Security, and Data Protection
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