Data Protection and Privacy Laws in India and their adequacy

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Tanya Sharma

Data Protection and Privacy Laws in India and their adequacy

Authors: Tanya Sharma

Unique Paper ID: 170288
Volume: 11
Issue: 7
PageNo: 47-60

Keywords: No Keywords Found

Abstract:
The digital revolution has transformed the way personal data is collected, processed, and shared, making data protection and privacy a critical concern worldwide. In India, the growing digital ecosystem has brought the need for robust data protection laws to the forefront. From e-commerce transactions to social media interactions, individuals now share unprecedented amounts of personal information online, making them vulnerable to data breaches, misuse, and unauthorized access. Against this backdrop, India has made significant strides toward recognizing and addressing data privacy concerns through legislative and judicial developments. Historically, India lacked a cohesive framework for data protection, relying instead on sector-specific regulations and guidelines. This fragmented approach was insufficient to address the complexities of modern digital interactions. A turning point came in 2017, when the Supreme Court of India recognized the right to privacy as a fundamental right, establishing a constitutional foundation for future legislation. This landmark judgment catalyzed the introduction of the Personal Data Protection Bill, which aims to establish a comprehensive legal framework for safeguarding personal data. The bill seeks to regulate data collection, storage, and processing practices, imposing stringent obligations on data fiduciaries while empowering individuals with rights such as access, correction, and erasure of their data. Despite these advancements, the adequacy of India’s data protection laws remains a subject of debate. Critics argue that the proposed frameworks need to address emerging challenges such as cross-border data flows, data localization requirements, and the impact of new technologies like artificial intelligence and big data analytics. Moreover, balancing individual privacy rights with national security and economic interests continues to pose significant challenges. Organizations, too, play a pivotal role in ensuring data protection. With increasing scrutiny over their data handling practices, companies must prioritize compliance with privacy laws and adopt robust data protection measures. Failure to do so can lead to not only regulatory penalties but also reputational damage. As India advances toward becoming a digitally empowered society, the enforcement of data protection and privacy laws is vital for fostering trust among citizens and stakeholders. Comprehensive regulatory frameworks that address both existing and emerging challenges are essential for navigating the complexities of data protection in the digital age. This paper examines the evolution of data protection and privacy laws in India, evaluates their adequacy in addressing contemporary challenges, and explores potential reforms to strengthen the legal framework. By doing so, it underscores the importance of establishing a balance between individual privacy, technological innovation, and economic growth in India’s digital future.

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ISSN: 2349-6002
Volume: 11
Issue: 7
PageNo: 47-60

Data Protection and Privacy Laws in India and their adequacy

Available:https://ijirt.org/article?manuscript=170288

Impact Factor
8.01 (Year 2024)

UGC Approved
Journal no 47859

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