Privacy in the digital era

Abstract

The advent of the digital age, brought about by the lightning-fast development of technology, has revolutionised our everyday lives, from communication to the way we go about our business. Although the digital revolution has made many things easier and more efficient, it has also presented us with a new and unprecedented dilemma: governments' extensive gathering, surveillance, and access to our personal data. The global community is very concerned about the potential impact of government access to personal data on civil liberties and privacy in this digital age. This dissertation delves into these concerns, with a specific focus on the implications of government access to personal data and its constitutional ramifications within the Indian context. The Digital Personal Data Protection Act (DPDPA) of 2023, hereinafter referred to as the “ DPDP Act, marks a pivotal moment in India's journey towards safeguarding digital privacy and data protection. However, it's imperative to recognize that the genesis of this legislation is rooted in the realization that India lacked a specific legal framework to deal with the burgeoning cases of personal data breaches. The legal foundations of data privacy and protection in India gained prominence with the landmark judgment in the "Justice K.S. Puttaswamy (Retd.) vs Union of India" case, where the Supreme Court recognized the right to privacy as a fundamental right under Article 21 of the Indian Constitution. This acknowledgement confirmed that the protection of life and liberty guaranteed by the Constitution depends on privacy. It set the stage for a more comprehensive legal framework to protect personal data in the digital age.