RIGHT TO PRIVACY AND DATA PROTECTION UNDER INDIAN LEGAL REGIME

DME Journal of Law, Volume 1, 2020, available at, https://dmejl.dme.ac.in/article/bandita-das/

21 Pages Posted: 19 Apr 2021

See all articles by Jayanta Boruah

Jayanta Boruah

North-Eastern Hill University (NEHU)

Bandita Das

Independent

Date Written: March 16, 2021

Abstract

Privacy has emerged as a basic human right across the globe and in India too it has been recognized as a Fundamental Right under Article 21 of the Indian Constitution. Right to Privacy is closely related to the protection of data which in this technological and globalized world, has become very difficult to achieve. Further, violation of privacy rights by the Ruling majority through discriminatory legislation has also become possible due to lack of legal protection to this Right. In India, this Right was not initially recognized as a Fundamental Right, neither any specific law on data protection for securing the Rights of Privacy of the citizens was enacted. At the same time, there had been many allegations regarding violation of privacy rights both by the Government as well as by the Private Commercial Entities from time to time in India. Such allegations were also placed before the Courts of Law where the Courts had given landmark Judgements including guidelines and rulings. It thus becomes very important to analyze all these legal developments relating to the Right to Privacy and Data Protection to understand the extent of security granted by the Indian legal framework to the citizens over Right to Privacy.
It has however been found that adequate recognition has been given to the Right to Privacy by the Indian Legal Regime and therefore significant steps were taken to prevent data theft and misutilization of sensitive information, yet a major extent of progressive developments is still needed to enhance the scope of data protection in the contemporary times for securing the Right to Privacy of the Indian citizens.

Keywords: Privacy; Data Protection; Personal Information; Sensitive Information; Confidentiality; and Public Interest

Suggested Citation

Boruah, Jayanta and Das, Bandita, RIGHT TO PRIVACY AND DATA PROTECTION UNDER INDIAN LEGAL REGIME (March 16, 2021). DME Journal of Law, Volume 1, 2020, available at, https://dmejl.dme.ac.in/article/bandita-das/, Available at SSRN: https://ssrn.com/abstract=3827766

Jayanta Boruah (Contact Author)

North-Eastern Hill University (NEHU) ( email )

Meghalaya
India

Bandita Das

Independent

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