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Abstract

This paper examines the right to privacy under Article 21 of the Indian Constitution amidst the challenges posed by digital technologies and state surveillance. It highlights the inadequacies of current legal frameworks and evaluates the implications of the Digital Personal Data Protection Act, 2023. The study calls for stronger enforcement mechanisms and a rights-based regulatory approach to enhance privacy protections in the digital age.

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9 views1 page

Abstract

This paper examines the right to privacy under Article 21 of the Indian Constitution amidst the challenges posed by digital technologies and state surveillance. It highlights the inadequacies of current legal frameworks and evaluates the implications of the Digital Personal Data Protection Act, 2023. The study calls for stronger enforcement mechanisms and a rights-based regulatory approach to enhance privacy protections in the digital age.

Uploaded by

amandadcosta38
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Right to Privacy in the Digital Age (Article 21 of

the Indian Constitution)”

The rapid proliferation of digital technologies has significantly transformed the contours of
individual privacy, raising complex constitutional and legal challenges in India. This paper
critically examines the scope and evolution of the right to privacy under Article 21 of the
Indian Constitution, particularly in light of increasing state surveillance and data-centric
governance. While the landmark judgment in Justice K.S. Puttaswamy v. Union of India
(2017) firmly established privacy as a fundamental right, the practical enforcement of this
right in the digital era remains fraught with challenges.

The study identifies a crucial research gap in the absence of a robust and uniformly enforced
legal framework that adequately balances individual autonomy with legitimate state interests
such as national security and public order. It evaluates the implications of the Digital
Personal Data Protection Act, 2023, with a focus on issues of consent, data processing,
accountability, and institutional oversight. Additionally, the paper explores emerging threats
posed by technologies such as artificial intelligence and algorithmic governance, which
further complicate privacy protections.

Adopting theoretical and analytical methodology, the research aims to assess whether
existing legal safeguards sufficiently uphold constitutional guarantees. The paper argues
that, despite significant judicial recognition, the implementation
of privacy rights in India remains inconsistent and underdeveloped. It concludes by
proposing the need for stronger enforcement mechanisms, enhanced transparency, and a
rights-based regulatory approach to ensure meaningful protection of privacy in the digital
age.

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