Right To Privacy In The Digital Era

In the present era where almost every aspect of our life is connected to the internet, the issue of privacy has become one of the most discussed and concerned topic. Whether we are using social media, shopping online, using digital payments or even registering for government schemes, our personal data is being collected, stored, and sometimes even misused without our complete awareness. The right to privacy in such a digital environment is not just a matter of individual concern, but a constitutional and legal issue that requires strong understanding and attention.

The Constitution of India does not specifically mention the term “privacy” under any Article. However, after a long journey of judicial interpretation, it is now accepted that right to privacy is a fundamental right under Article 21 of the Constitution which guarantees right to life and personal liberty. This was finally settled in the landmark case of Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), where a nine-judge bench of the Hon’ble Supreme Court held that the right to privacy is “intrinsic to life and liberty” and is protected as a fundamental right.

This judgment was very important because before that, there was confusion regarding whether the Constitution actually provides this right or not. Earlier, in MP Sharma v. Satish Chandra (1954) and Kharak Singh v. State of UP (1963), the Court had taken a view that privacy was not a guaranteed right. But the evolving interpretation of Article 21, specially after the famous Maneka Gandhi case (1978), laid the ground for a broader and more human-centric understanding of personal liberty.

Now, in the digital age, the nature of privacy itself has changed. Earlier, privacy was mostly about physical space – your home, your body, your conversations. But now, our data is our identity. What we search, what we buy, where we go, whom we message – all this data is being stored somewhere. Companies and even governments use this data for targeted advertising, surveillance, and sometimes even manipulation.

One of the biggest concerns is that a lot of data is collected without our full knowledge or proper consent. For example, many apps ask for access to our contacts, camera, location, even when it is not required for the app’s function. This kind of practice is not only unethical but can also be dangerous if the data is leaked or misused.

A major example of this is the Cambridge Analytica scandal, where data from millions of Facebook users was used to influence political opinions. In India, concerns were also raised about the Aadhaar system, which collects biometric and demographic data of citizens. While Aadhaar has benefits for public welfare schemes, it also raises serious privacy risks if data is not protected properly.

The Puttaswamy judgment laid down three tests to judge whether the state’s interference with privacy is valid or not – the test of legality (there must be a law), necessity (the action must be for a legitimate state aim), and proportionality (the method must be fair and not excessive). This is a very balanced approach which tries to protect individual rights while also allowing the state to function in public interest.

Another big development was the introduction of the Digital Personal Data Protection Act, 2023. This Act is India’s first major law dedicated to protection of personal data. It gives people certain rights like consent for data usage, correction of data, and grievance redressal. It also imposes duties on data fiduciaries (the companies or persons who handle data). However, critics have pointed out that the Act gives wide powers to the government to exempt itself from provisions, which may dilute its effectiveness.

Internationally, the European Union’s GDPR (General Data Protection Regulation) is considered a gold standard in data protection. It has strict rules for consent, purpose limitation, and provides strong penalties for violations. India’s law is inspired by it, but implementation and accountability remain major challenges here.

As a law student, I believe that the right to privacy is not only a legal right, but also a moral and civilisational necessity. Without privacy, we cannot enjoy freedom of speech, freedom of choice, or even dignity. In the name of national security or economic development, we cannot allow unchecked surveillance or data misuse.

In conclusion, the digital era has made privacy a very delicate and complex issue. But thanks to constitutional protections, judicial activism, and increasing public awareness, we are moving in the right direction. It is now important to ensure that these rights are implemented properly on ground. The balance between privacy and public interest must be maintained with utmost care.

Privacy is not just about hiding things. It is about control, autonomy, and respect. If we fail to protect it today, we may regret tomorrow when it’s too late. We must all become more informed and responsible, and push for stronger legal safeguards and better enforcement to ensure our digital freedoms are not taken away silently.

This article is authored by Bhagyashri Sanjay Harne. He was among the Top 40 performers in the Quiz Competition on New Criminal Laws organized by Lets Learn Law.