Protection of Digital Privacy Rights in India: Challenges and Legal Remedies

This paper critically evaluates the development, coverage, and enforcement of digital privacy rights in India in the wake of the rapid growth of technology and data-driven governance. The recognition of the right to privacy as a fundamental right in the case of Justice K.S. Puttaswamy (Retd.) v. Union of India was a constitutional landmark in recognizing informational privacy under Article 21 of the Constitution of India. The paper evaluates the legal framework that regulates digital privacy in India, specifically the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023, and assesses the difficulties in enforcing these provisions. The paper also examines judicial responses and legal recourse available to individuals whose data rights are violated. The paper argues that although India has made tremendous progress in recognizing privacy as a constitutional and legal right, its implementation and awareness are essential in the digital age.