Published On: December 19th 2025
Authored By: Janvi Uddeshi
CCSU
Introduction
The rise of the digital era has changed the way we live, work, and interact with each other. Today, almost every part of our daily life—communication, shopping, education, banking, and even healthcare—depends on digital platforms. While this shift has brought convenience and efficiency, it has also raised serious questions about privacy and data protection. In simple terms, whenever we use the internet or digital services, a lot of our personal information is collected, stored, and sometimes shared. This information, if not handled properly, can be misused.
In law, the right to privacy is closely linked to human dignity and freedom. Documents like the Universal Declaration of Human Rights (UDHR)[1]and the International Covenant on Civil and Political Rights (ICCPR)[2] clearly recognize the right to privacy. In India, the Supreme Court judgment in Puttaswamy v. Union of India (2017)[3] made it clear that privacy is a fundamental right under Article 21 of the Constitution.
This article explains how privacy and data protection fit into the idea of human rights, what legal frameworks exist to safeguard these rights, what challenges we face in the digital world, and how we can move forward in a way that balances individual rights with technological progress.
The Right to Privacy in the Digital Context
A. From Traditional Privacy to Digital Privacy
Earlier, the law saw privacy mainly in physical terms—protection of family life, home, or personal letters. But in today’s world, privacy is about something more: our personal data. Data now includes names, addresses, contact details, financial records, health reports, browsing history, and even biometric details like fingerprints or facial recognition.
So, privacy today means control over personal information. It means that individuals should be able to decide who collects their data, for what purpose, and how it is used. If this control is missing, people are exposed to risks like surveillance, profiling, identity theft, or discrimination.
B. Privacy as a Human Right
The recognition of privacy as a human right is not new. Article 12 of the UDHR[4] and Article 17 of the ICCPR[5] prohibit arbitrary interference with privacy. In India, the Puttaswamy judgment (2017)[6] gave constitutional recognition to privacy. This shows that privacy is not just a luxury but a right that protects liberty, autonomy, and equality.
Data Protection Laws Around the World
A. Europe – GDPR
The General Data Protection Regulation (GDPR) of the European Union (2018) is often seen as the strongest privacy law in the world.[7] It gives people clear rights like the right to access data, the right to correct or erase data, and even the right to be forgotten. It also puts strict duties on companies and imposes heavy fines for misuse of data.
B. United States – A Fragmented Approach
Unlike Europe, the United States does not have a single, uniform privacy law. Instead, there are sector-specific laws. For example, HIPAA protects health information,[8] COPPA protects children’s data online,[9] and the California Consumer Privacy Act (CCPA, 2018)[10] gives rights to consumers about their data. But overall, the system is fragmented, and many argue it leaves gaps.
C. India – Digital Personal Data Protection Act, 2023
India has recently passed the Digital Personal Data Protection Act, 2023.[11] The Act requires consent for data collection, gives people the right to correction and erasure of their data, and creates a Data Protection Board of India to regulate compliance. However, some critics argue that government exemptions in the law are too broad. Still, it is a big step forward for India in protecting digital privacy.
Key Challenges in the Digital Era
A. Surveillance
Governments often conduct large-scale digital surveillance in the name of national security. While protecting security is important, unchecked surveillance can seriously undermine fundamental freedoms. The Snowden revelations (2013)[12] highlighted how extensive such surveillance had become.
B. Big Tech and Commercial Use of Data
Technology companies collect huge amounts of data for targeted advertising and business growth. While users may benefit from free services, they often have little real choice or understanding about how their data is monetized. This raises concerns about fairness and accountability.
C. Artificial Intelligence and Profiling
AI systems rely on big data, but without safeguards, they can reinforce bias and discrimination. For example, predictive policing tools or hiring algorithms can unfairly target certain groups if the data used is biased.
D. Cross-Border Data Flows
Data often travels across national borders, but not all countries have equal standards of protection. This creates conflicts and difficulties in ensuring global privacy safeguards. The Schrems I[13] and Schrems II[14] cases in the EU highlighted these concerns by striking down transatlantic data transfer agreements for not meeting privacy standards.
E. Public Awareness
Many people do not know their digital rights or the risks of data misuse. Most users simply accept terms and conditions without reading them, which weakens their ability to protect themselves.
Balancing Rights, Security, and Growth
One of the biggest challenges for lawmakers is to balance three competing interests:
- Individual rights (autonomy and dignity)
- National security (safety against cyber threats and terrorism)
- Economic development (promoting digital businesses and innovation)
The principle of proportionality becomes important here. Any restriction on privacy must be lawful, necessary, and proportionate to its aim. Courts and regulators are responsible for checking whether governments and companies meet this standard.
Role of Courts and Key Judgments
A. International Cases
The European Court of Human Rights (ECHR) has repeatedly protected privacy under Article 8 of the European Convention. A leading case is S. and Marper v. United Kingdom (2008),[15] where the Court held that indefinite retention of DNA data by police violated privacy.
The Court of Justice of the European Union (CJEU) has also been active in striking down weak privacy protections, especially in the Schrems cases mentioned earlier.
B. Indian Cases
- Puttaswamy v. Union of India (2017): Declared privacy a fundamental right.[16]
- Aadhaar case (2018): The Court allowed Aadhaar but limited its use to prevent misuse.[17]
- These cases show that the judiciary plays a strong role in balancing privacy with public interest.
The Way Forward
To strengthen data protection and ensure privacy in the digital age, a few steps are essential:
- Better Laws: Privacy laws must be clear, strong, and enforced by independent regulators.
- Digital Literacy: Citizens should be educated about their rights and the risks of data misuse.
- Global Cooperation: Since data flows across borders, international cooperation is necessary.
- Ethical Technology: Companies should adopt practices like “privacy by design” and reduce unnecessary data collection.
- Judicial Oversight: Courts must keep a check on both government and private companies to ensure proportional use of data.
Conclusion
In today’s digital age, privacy is not an optional right—it is central to human dignity and liberty. Technology has made life easier, but it has also created new vulnerabilities. If privacy is not protected, individuals can lose control over their personal lives, which directly affects their freedom and security.
Countries like those in the EU, the U.S., and India are trying to strengthen privacy protections, but challenges remain, especially with surveillance, corporate power, and AI-driven profiling. The way forward lies in stronger laws, better enforcement, public awareness, and international cooperation.
Ultimately, protecting privacy means protecting human rights. As technology continues to evolve, the law must evolve too, ensuring that progress benefits society without eroding fundamental freedoms.
References
[1] Universal Declaration of Human Rights, G.A. Res. 217 A (III), U.N. Doc A/810 (1948), Art. 12.
[2] International Covenant on Civil and Political Rights, Dec. 16, 1966, 999 U.N.T.S. 171, Art. 17.
[3] Justice K.S. Puttaswamy (Retd.) & Anr. v. Union of India & Ors., (2017) 10 SCC 1.
[4] UDHR, supra note 1, Art. 12.
[5] ICCPR, supra note 2, Art. 17.
[6] Puttaswamy, supra note 3.
[7] Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation), OJ L 119.
[8] Health Insurance Portability and Accountability Act of 1996 (HIPAA), Pub. L. No. 104–191, 110 Stat. 1936.
[9] Children’s Online Privacy Protection Act (COPPA), 15 U.S.C. §§ 6501–6506 (1998).
[10] California Consumer Privacy Act (CCPA), Cal. Civ. Code §§ 1798.100–1798.199 (2018).
[11] The Digital Personal Data Protection Act, 2023 (No. 22 of 2023), Gazette of India, Ministry of Law and Justice.
[12] Glenn Greenwald, No Place to Hide: Edward Snowden, the NSA, and the U.S. Surveillance State (2014).
[13] Maximillian Schrems v. Data Protection Commissioner (Schrems I), Case C-362/14, EU:C:2015:650.
[14] Data Protection Commissioner v. Facebook Ireland Ltd and Maximillian Schrems (Schrems II), Case C-311/18, EU:C:2020:559.
[15] S. and Marper v. United Kingdom, App. Nos. 30562/04 and 30566/04, Judgment of 4 Dec. 2008, ECHR.
[16] Puttaswamy, supra note 3.
[17] K.S. Puttaswamy (Aadhaar) v. Union of India, (2019) 1 SCC 1.
