As personal data breaches become increasingly common, individuals should not only have legal rights to prevent data loss and gain redress for breaches, but also better protection and Article 21 plays such a huge role in it. Article 21 is Right to Life and Personal Liberty which covers the protection of data privacy as well. There is no doubt that data privacy is included as Right to Privacy and Personal Liberty and this blog will make it easier to understand that data privacy is a fundamental right.
Understanding Data Privacy and Fundamental Rights
The right to data privacy belongs to the citizens of India so that they can decide how their personal information is collected and how it’s stored and even how it’s shared. It includes all kinds of data For example, financial records, health records, information about an individual which he provides on shopping portals or social media.
The right to privacy is recognised as a fundamental right in the Indian legal framework based on Article 21 the fundamental right to life and personal liberty. The Supreme Court in KS Puttaswamy vs Union of India judgment decided to expand the meaning of Article 21 to privacy, which was considered of paramount importance for the protection of personal dignity.
For instance, when a user data is being shared with advertisers of a social media platform without consent. Not only does this violate data privacy, it is about as sensitive as it comes to the individual’s autonomy and dignity, both of which are part of Article 21.
Also, Understand Data Privacy As A Human Right
International Perspective
Countries including the United States and the European Union have established robust data privacy frameworks globally. The GDPR is gold standard informed consent and severe penalties for breaches. This aligns with global standards as India has been on its trajectory to recognise data privacy as a fundamental right, benchmarking the example for the rest of the developing nations.
Legal Framework Supporting Data Privacy as Fundamental Right
Data privacy in India is not only supported by Article 21 of Indian Constitution but also the Acts which is established especially for managing and maintaining the data as private as possible. Following are the legal frameworks which contribute in maintaining the data privacy.
Constitutional Provisions and Judicial Developments
The right to privacy became a fundamental right in 2018, when the right to privacy was first recognised in law in Justice K.S. Puttaswamy (Retd.) v. Union of India (2018). The court found that privacy is essential to life and personal liberty and the recognition of it to be a core constitutional protection. This became a landmark judgment in ongoing debates on ensuring that personal data is protected in a fast changing digital context.
Statutory Protections: The IT Act and Data Protection Laws
The backbone for electronic governance and cybersecurity in India is the Information Technology Act, 2000. There are Sections like 43A and 72A that lay duties on the parties who are responsible for the handling of personal data and take supplemental measures of compensation for negligence or enforcement of penalty for breach of confidentiality and the private nature of data.
The most inclusive of the above legislations is the Digital Personal Data Protection Act, 2023. It covers principles like shifting compliance and accountability modes to strict compliance, principles of data minimization and principles of consent. This Act however defines the terms of data privacy under such an Act to include the necessity of securing consent explicitly to process any personal data that is relevant to an application such that when it is done in error, fines can be so massive.
Role of Regulatory Bodies
The Data Protection Board of India (DPBI) is instituted by the DPDP Act, 2023 to monitor effective compliance to mandated data protection norms. DPBI also provides means of redressal of grievances for people, so that one could be able to invoke one’s right to privacy as and when needed.
Summary
Data privacy is not just a legal term, it is all about empowering an individual’s personal space, choice and dignity as the digital world is progressing. India recognizes it as a fundamental right that affirms individual autonomy. Along with those laws like IT Act and the Digital Personal Data Protection Act, 2023 and the above mentioned landmark judgments like the Puttaswamy case, there is a deep commitment by the Government agencies and leaders alike to ensure that any individual’s privacy is not compromised.
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Data Privacy as a Fundamental Right: FAQs
Q1. What are the linkages between the right to privacy and data privacy in India?
Right to privacy is an extension of Right to Life and Personal Liberty which is a fundamental right under Article 21 of the Indian Constitution as laid down by the Supreme Court in Puttaswamy case.
Q2. What is so significant about the Digital Personal Data Protection Act, 2023?
The Act contains constitutional principles of consent, accountability which are aimed at ensuring a robust protection of personal data and very severe penalties for the breach of personal data.
Q3. How does the IT Act stand to ensure data privacy?
Sections 43A and 72A of IT act mandates compensation for negligence of a person and also for unauthorized disclosure of data with a penalty.
Q4. Why is the Puttaswamy case important?
The Puttaswamy judgment laid down the rule of law on privacy as a fundamental right, upon which the laws on data protection in India have been designed.
Q5. How do regulatory bodies take part in data privacy?
The enforcement for data privacy laws is by regulatory bodies like Data Protection Board and grievance redressal channel provided.
