Right to Privacy in the Digital Age: A Critical Analysis of India's Data Protection Framework

This research paper examines the constitutional right to privacy in India in the context of growing digitalisation and the increasing collection, processing and use of personal data. It analyses the constitutional foundation of privacy under Article 21 of the Indian Constitution, particularly in light of the landmark Justice K.S. Puttaswamy (Retd.) v. Union of India judgment. The paper critically examines the Digital Personal Data Protection Act, 2023 and the Digital Personal Data Protection Rules, 2025, focusing on the rights of Data Principals, obligations of Data Fiduciaries, consent requirements, legitimate uses, exemptions, regulatory enforcement and the role of the Data Protection Board of India. It also explores concerns relating to State surveillance, artificial intelligence, children's data and cross-border data transfers. Selected provisions of India's framework are compared with the European Union's General Data Protection Regulation (GDPR). Using a doctrinal and analytical research methodology, the paper argues that although India's data protection framework represents an important legislative development, its effectiveness depends on meaningful consent, institutional independence, transparency, accountability and accessible remedies. The study concludes by identifying implementation challenges and suggesting reforms to strengthen the protection of informational privacy in India.