Right to Privacy and Data Defence

  • Himakriti R and Malan N
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  • Himakriti R

    Student at School of Excellence in Law, India

  • Malan N

    Student at School of Excellence in Law, India

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“There is a sacred realm of privacy for every man and women where he makes his choices and decisions-a realm of his own essential right and liberties into which the law, generally speaking must not intrude.” -Geoffrey Fisher This paper attempts to throw the light on data protection and Article 21 of the Indian Constitution. The Information Technology Act, 2000 is the statue that covers data protection. Though the term privacy is not defined in the constitution, it is an intrinsic part in personal liberty guaranteed under Article 21. In the digital world, there is always dispute between privacy and data collection. Information technology act does not cover all the loopholes regarding right to privacy. The act needs to establish standard methods to protect one’s data. The effective balance between the personal liberty and privacy should be covered under the act. Right to privacy also has international obligations. It is guaranteed under Article 17 of ICCPR. The data protection includes financial details, health information, business information and other sensitive data, which comes under the ambit of The Information Technology Act, 2000. K.S.Puttuswamy v. Union of India case gathered consideration on how much the right to privacy is important in the modern era. People are still unaware of the impact when their privacy is breached. There is a high risk of hack in the digital network due to lack of data protection laws. There is somebody somewhere capable of intruding one’s personal data. This paper emphasis on suggestions on the healthy data protection and right to privacy.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 5, Page 1529 - 1536

DOI: https://doij.org/10.10000/IJLMH.112093

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