In the digital age data privacy has become a basic human right. As technology spreads across every facet of our lives, control over personal information has become a necessary tool in protecting individual autonomy and dignity. Freedom of expression, surveillance prevention and preventing misuse of a person's data are some of the data privacy. Focusing on realizing it as a human right helps highlight the importance to promote equality, protect vulnerable populations and foster trust in digital ecosystems. In an interconnected world societies support the principles of democracy, fairness and respect for personal boundaries by prioritizing data privacy.
How is Data Privacy a Human Right?
The right to privacy in India is recognized as a fundamental right under the Constitution and also aligns with international human rights standards. Several landmark cases affirm this dual character:
Justice K.S. Puttaswamy (Retd.) v. Union of India (2018):
The Supreme Court of India held Right to Privacy under Article 21 of Constitution of India as fundamental right focusing on its correlation with dignity, choice and freedom. The judgment also stated and affirmed that privacy, also data privacy, is enshrined under the principles of a democratic society. Concerning the Aadhaar scheme with respect to the biometric data, the Court placed conditions that would check misuse of such data while at the same time giving a person control over their information. This judgment also placed India in accordance with global human rights instruments such as the UDHR on which privacy as a universal right is enshrined.
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PUCL v. Union of India (1997) (Phone tapping Case):
In this case, the Supreme Court highlighted privacy as a fundamental right necessary for personal liberty and freedom of expression. The judgment recognized that unauthorized surveillance infringes upon an individual's dignity and autonomy, resonating with the human right to be free from arbitrary interference.
Maneka Gandhi v. Union of India (1978):
The Court broadened Article 21 by including the right to procedural protection, freedom from abuse of power by organs of the state. This broad interpretation links privacy to the freedoms and human rights enshrined in the constitution which reasserts that privacy protects dignity and agency.
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Connection to Other Fundamental Rights:
Privacy is tied to Article 19(1)(a) that is freedom of speech and expression and Article 19(1)(g) which is freedom to practice any profession. The right to data privacy ensures that an individual can say what he wants to say, and work or trade professionally or commercially without having the fear of surveillance or exploitation.
Human Rights Framework:
The recognition of data privacy as a human right means that India conforms to the Global Standards like Article 12 of UDHR that protects the individual’s privacy for not suffering arbitrary interference with it. In the Puttaswamy judgement, the court made it clear that data privacy was vital to saving human dignity and freedom in the digital era.
Relevance in Contemporary Context:
Categorising data privacy as a human right prevents surveillance, unauthorised data collection and data privacy breaches. For example, during the COVID-19 pandemic, the need for strong data privacy protections became crystal clear when people were worried that data security on the CoWIN platform was being compromised. These events show that the treatment of data privacy as a human right can avoid data exploitation and harm, cultivate trust in our digital systems, and support our individual autonomy.
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Key Provisions of the IT Act and DPDP Act
India’s legal framework champions data privacy as a human right through the IT Act, 2000 and the DPDP Act, 2023:
IT Act, 2000:
Section 43A of IT Act, 2000 provides compensation in case of unsuccessful manner of keeping data private and managing it securely. Section 72A also penalises breach of trust and safeguarding individual privacy. Together, these provisions underscore how the sanctity of data has become crucial in the digital world that depends on trust and responsibility to uphold digital truthfulness.
Digital Personal Data Protection Act, 2023:
The Digital Personal Data Protection Act, 2023 places high importance on consent such that personal data can only be processed on the basis and upon explicit and revocable consent of the individual. Every action is aligned with a clearly defined purpose and it mandates lawful, transparent use of data. The Act further empowers people by giving them the right to see and update their personal data and empowers personal information firmly in their hands and promotes accountability.
Summary
Data privacy is no longer a peripheral issue, it is central to individual freedom, dignity and autonomy in the digital age. The Indian Constitution, through Article 21, recognizes privacy as a fundamental right, reinforced by landmark judgments like Puttaswamy. Legislations such as the IT Act and the DPDP Act further establish data privacy as a human right, holding organizations accountable and empowering individuals.
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Data Privacy as a Human Right: FAQs
Q1: Is data privacy a fundamental right?
In tJustice K.S. Puttaswamy v Union of India (2018) the Supreme Court held that right to privacy is a fundamental right under Article 21 of Indian Constitution.
Q2: What makes the DPDP capable of protecting data privacy?
The DPDP Act provides that personal data shall be processed lawfully, consensually, and imposes responsibility for breach of data.
Q3: What safeguards does the IT Act provide for data privacy?
To protect sensitive personal information this has been included in the IT Act with provisions such as: Section 43A (compensation on failure to protect data) and Section 72A (penalising unauthorized data disclosure).
Q4: Why is data privacy a human right?
Data privacy protects an individual's personal information from misuse, exploitation and harm, which is also an important key to human dignity.
Q5: What are the challenges in enforcing data privacy in India?
There are several challenges faced in implementation, awareness and enforcement of data privacy.
