Contemporary Challenges to Privacy in the Digital Era: Legal and Judicial Responses

  • Chetan Dalal and Himanshu Varshnay
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  • Chetan Dalal

    Student at Amity University Noida, India

  • Himanshu Varshnay

    Assistant Professor at Amity University Noida, India

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Abstract

In the digital era, the right to privacy faces multifaceted challenges arising from rapid technological advancements, state surveillance, and inadequate regulatory frameworks. This dissertation critically examines how emerging technologies—such as facial recognition, the Internet of Things (IoT), artificial intelligence (AI), and big data analytics—pose significant risks to individual privacy in India. It analyzes the legal responses, including the enactment of the Digital Personal Data Protection Act, 2023 (DPDPA), and the evolving jurisprudence shaped by landmark judgments. The study highlights the gaps in implementation, the lack of algorithmic transparency, and the broad exemptions granted to government agencies. It further conducts a comparative analysis between India’s DPDPA and the European Union’s GDPR, drawing insights from global best practices. By assessing sectoral regulations, recent case law, and institutional developments, the research underscores the urgent need for robust enforcement mechanisms, ethical oversight, digital literacy, and a privacy-first design philosophy. The dissertation concludes that balancing technological innovation, economic interests, and national security with the constitutional right to privacy is the defining challenge for India’s digital future.

Keywords

  • privacy
  • data breach
  • new and emerging concepts

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 450 - 457

DOI: https://doij.org/10.10000/IJLMH.119728

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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