Abstract

In the present time, when an individual’s data is at risk and may get misused, legal frameworks are a must to protect an individual’s privacy. This paper analyses India and the European Union’s data protection legislation at a comparative level within India and the European Union, specifically within the region of the GDPR and the DPDPA. The significance of the regulation of judicial practice as one of the key components of DPA compliance is provided with an overview. The rights-based legal framework of data subject with USPRP is used as an international benchmark with its active judicial involvement in key decisions such as Schrems II or the Google Spain case. On the other hand, India’s DPDPA although full of promise is undergoing the most changes with the most recent court rulings such as Puttaswamy v.Union of India which recognized a right to privacy as a fundamental right. Key cases such as the Pegasus spyware issue and the WhatsApp privacy debate have emerged which highlight the Indian judiciary and the political conflict that shines a light on these systemic issues in India. The paper focuses on the role of magistrates in the enforcement and evolution of data protection laws, highlighting the gap between the EU's well-functioning enforcement mechanisms and India's reliance on their systems.

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