Fundamental Rights and Personal Data Protection: Analyzing the Impact of the Right to Privacy on India’s Data Protection Framework

  • Md. Arif Imam
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  • Md. Arif Imam

    Student at Narayan School of Law, GNS University, India

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In an increasingly digital age, the right to privacy has gained significant importance as a fundamental right. This research paper explores the impact of the right to privacy on India's data protection framework. India, with its rich constitutional heritage, recognizes the right to privacy as an essential component of its fundamental rights. Understanding the interplay between privacy and data protection is crucial for analyzing the effectiveness of India's data protection laws. This study provides an overview of fundamental rights and the data protection landscape in India. It examines the historical context of the right to privacy in the country and delves into the development of India's data protection framework. The Personal Data Protection Bill, 2019, is analyzed in detail, comparing its provisions with global data protection standards, such as the European Union's General Data Protection Regulation (GDPR). The research highlights the significance of the right to privacy and its relationship with other fundamental rights. It explores the implications of privacy rights on data protection laws and their enforcement in India. Case studies and examples are used to illustrate the impact of the right to privacy on data protection practices within the country. This paper identifies challenges and potential gaps in India's current data protection framework, evaluating its ability to safeguard personal data while upholding privacy rights. Recommendations are provided for strengthening the framework, addressing emerging issues, and balancing privacy concerns with innovation and national security considerations. By analyzing the impact of the right to privacy on India's data protection framework, this research contributes to the ongoing discourse on privacy rights and data protection. It provides insights into the current landscape, future implications, and policy recommendations for an effective and robust data protection regime in India.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 2021 - 2030


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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) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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