The Rise of Privacy as a Fundamental Right in India : Judicial Developments and Data Protection Concerns

The right to privacy is the constitutional core of human dignity. Privacy is an interest with several dimensions. One such dimension is the privacy of personal data, also known as data privacy, information privacy, or data protection. Privacy and data protection go hand in hand in cyberspace since the former is protected from invasion. The advancement of technology and the dynamism of the legal world provide the outlook of privacy and data protection issues in this era. The digital era has opened Pandora's Box of various concerns, such as data theft, scams, etc., and overarching concern about the intrusion of individual privacy. In this paper, an emphasis has been made to trace the origin and development of the right to privacy. This paper attempts to examine the relationship between data protection and the right to privacy, with particular focus on the role of the Indian judiciary in recognizing and developing privacy as a fundamental right. It also discusses important international instruments that acknowledge the right to privacy and, in addition, offers suggestions for strengthening the protection of personal data and privacy in the digital age.