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Volume 6 Issue 8
August 2025
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The Right to Privacy Under Article 21: Implications of the DPDP Act, 2023 for Data Protection in India
Author(s) | Dharmendra Kumar |
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Country | India |
Abstract | The Article 21 of the Indian Constitution establishes the right to privacy, which is an important component of individual liberty, hence mandating strong data protection regimes in India’s digital age. This study examines the ramifications of the Digital Personal Data Protection Act, 2023 (DPDP Act) for privacy protection, with the objective of evaluating its conformity with constitutional requirements and its effectiveness in tackling current data protection issues. The research conducted a doctrinal legal analysis of significant judicial precedents, such as Justice K.S. Puttaswamy v. Union of India (2017), in conjunction with the terms of the DPDP Act and international standards such as the GDPR. The findings indicate that the Act implements essential protections, such as consent-based data processing, data reduction, and increased accountability for data fiduciaries, thereby empowering individuals within the digital ecosystem. Nonetheless, it exposes considerable deficiencies, including broad exemptions and unclear enforcement procedures, which may undermine privacy guarantees. Although the Act conforms to international norms and promotes India’s digital sovereignty, its stance on cross-border data transfers necessitates enhanced clarification. The study indicates that the DPDP Act represents a substantial progress in data protection: yet, it necessitates enhanced oversight and more stringent exemptions to adequately fulfill the privacy obligations of Article 21. Suggestions involve enhancing enforcement frameworks and rectifying regulatory deficiencies to harmonize governmental interests with individual rights. This research enhances the dialogue on aligning constitutional safeguards with contemporary data governance, providing practical insights for policymakers and academics influencing India’s digital future. |
Keywords | Right to Privacy, Digital Personal Data Protection Act (DPDP Act), Article 21, Data Protection, Constitutional Compliance. |
Field | Sociology > Administration / Law / Management |
Published In | Volume 6, Issue 8, August 2025 |
Published On | 2025-08-14 |
Cite This | The Right to Privacy Under Article 21: Implications of the DPDP Act, 2023 for Data Protection in India - Dharmendra Kumar - IJLRP Volume 6, Issue 8, August 2025. |
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CrossRef DOI is assigned to each research paper published in our journal.
IJLRP DOI prefix is
10.70528/IJLRP
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