A Compendious Analysis: Privacy Protection Laws in India

19 Pages Posted: 12 Nov 2020

See all articles by Mahak Gandhi

Mahak Gandhi

Amity University Uttar Pradesh

Akshdeep Gupta

Amity University Uttar Pradesh

Date Written: August 15, 2020

Abstract

Right to privacy is not a common law right but widely recognized under the doctrine of equity and right to democratic justice. Anyone can learn a great deal about this law, from the history of privacy and how, when and where it was derived from, to the current situation. The principles from the privacy protection cases in the United States of America and the laws so formed in the European Union had a big impression on how the Indian privacy bill was developed. The amount of scrutiny that topic of privacy protection had to go through in this country is unmatched. Starting of privacy invasion from the very first cases in 1880s to the famous Puttaswamy case and GRDR & CCPA comparisons today, privacy laws are yet to attain their true place in the society. The aim of the paper is to acknowledge the new laws of privacy as a forward-looking step towards success, it is also important to find a way to eradicate other present loopholes and changes need to be made to improve privacy and the safety of citizens ensuring a more foolproof way. The paper has also discussed on the ways how the privacy is indirectly invaded by the small government departments in which it insists on the special exceptions in the new privacy bill, instead taking the steps to progress towards more complete confidentiality and security. The paper focuses on the how the privacy laws developed over time, taking references from the international legal fraternity and answering the questions of whether the current developments in the privacy laws are leading us to a better or worse form of privacy protection.

Keywords: Right to Privacy, Data Protection, Development in privacy, Indian Data Protection Bill, Privacy data Analysis

JEL Classification: K39

Suggested Citation

Gandhi, Mahak and Gupta, Akshdeep, A Compendious Analysis: Privacy Protection Laws in India (August 15, 2020). Available at SSRN: https://ssrn.com/abstract=3694664 or http://dx.doi.org/10.2139/ssrn.3694664

Mahak Gandhi

Amity University Uttar Pradesh ( email )

India

Akshdeep Gupta (Contact Author)

Amity University Uttar Pradesh ( email )

India

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