Right to Privacy in the Digital Era: Constitutional Protection under Article 21 and Data Protection Laws In India

The rapid growth of digital technologies has fundamentally changed how personal data is collected, processed, and stored, turning individual privacy into a pressing constitutional concern. The recognition of the right to privacy as a fundamental right in Justice K. S. Puttaswamy (Retd.) v. Union of India (2017) marked a watershed moment in Indian constitutional jurisprudence. This paper traces the evolution of that right, with particular attention to the Puttaswamy judgment and the subsequent enactment of the Digital Personal Data Protection Act, 2023 (DPDP Act). It examines the privacy challenges posed by emerging technologies and assesses how effectively India's current legal framework responds to them. The paper concludes that while India has made meaningful constitutional and legislative progress, significant reform is still required to secure robust privacy protection in the digital era.