DATA PROTECTION AND PRIVACY LAWS IN INDIA: FRAMEWORK, CHALLENGES AND FUTURE PROSPECTS

In the digital age, personal data has become a critical economic and governance resource, making data protection and privacy central concerns for modern legal systems. India, with its rapidly expanding digital ecosystem, has witnessed unprecedented growth in online services, digital payments, biometric identification, and e-governance platforms. This expansion has intensified risks relating to data misuse, surveillance, identity theft, and erosion of individual autonomy. This paper examines the evolution, structure, and future trajectory of data protection and privacy laws in India, with particular emphasis on the constitutional, statutory, and regulatory framework governing personal data. The study traces the judicial development of the right to privacy, culminating in the landmark decision of Justice K.S. Puttaswamy (Retd.) v. Union of India, which firmly established privacy as a fundamental right under Article 21 of the Constitution. It further analyses the limitations of the pre-existing legal framework under the Information Technology Act, 2000, and the growing need for a comprehensive data protection regime in light of technological advancements and large-scale digitalisation. Central to this analysis is the Digital Personal Data Protection Act, 2023, which represents a significant shift toward a unified and rights-based data protection framework. The paper examines key features of the Act, including consent-based processing, rights of data principals, obligations of data fiduciaries, cross-border data transfers, and the enforcement role of the Data Protection Board of India. The study also critically evaluates government exemptions, surveillance-related concerns, and institutional challenges in implementation. The paper concludes that while India's data protection regime marks a major step toward strengthening informational privacy and digital governance, its long-term effectiveness will depend on robust enforcement, judicial oversight, public awareness, and ...