The Constitutional Safeguards for the Right to Privacy in the Digital Era

Venkateswarlu, Ch. (2025) The Constitutional Safeguards for the Right to Privacy in the Digital Era. Indian Journal of Integrated Research in Law, 5 (5): 12001. pp. 1359-1373. ISSN 2583-0538

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Abstract

In the evolving present digital era, the protection of individual privacy has become one of the most pressing constitutional challenges. The Indian Constitution and subsequent legal frameworks confront challenges posed by
mass digital surveillance, data mining, and unauthorized data sharing, emphasizing the necessity for fair, just, and reasonable procedures for any invasion of privacy and the Data Protection Act. The historical trajectory that
led to its recognition as a fundamental right under Article 21 by the Supreme Court in the landmark Justice K.S. Puttaswamy (Retd.) v. Union of India judgment. This study discusses judicial interpretations from early decisions,
such as Kharak Singh v. State of Uttar Pradesh and R. Rajagopal v. State of Tamil Nadu, culminating in an expanded doctrine of privacy that incorporates informational and data privacy concerns. The article also considers contemporary debates around data protection laws, proportionality tests, the constitutional safeguards and The DPDP Act, 2023
available for the right to privacy in India, and the evolving jurisprudence necessary to ensure that privacy remains robustly protected against state and private encroachments in a technologically driven society.

Item Type: Article
Subjects: Legal Studies > Constitutional Law
Domains: Legal Studies
Depositing User: Mr Vivek R
Date Deposited: 27 Dec 2025 06:35
Last Modified: 27 Dec 2025 07:52
URI: https://ir.vistas.ac.in/id/eprint/12001

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