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Analysis Study Research Paper | Law | Volume 15 Issue 3, March 2026 | Pages: 1012 - 1015 | India
From Puttaswamy to DPDP: Tracing the Legislative Journey of Data Privacy in India
Abstract: The evolution of data privacy law in India reflects a significant shift in the relationship between technology, governance, and individual rights in the digital age. This article traces the legislative and constitutional journey of data protection in India, beginning from a period when privacy was not explicitly recognised as a fundamental right to the enactment of a comprehensive legal framework under the DPDP Act, 2023. The study highlights how rapid digitalisation, increasing reliance on data-driven technologies, and the growing economic value of personal data have intensified concerns regarding surveillance, data misuse, and individual autonomy. A major turning point in this journey was the landmark judgment in Puttaswamy Case (2017), where the Supreme Court recognised privacy as a fundamental right under Article 21 of the Constitution. This decision laid the constitutional foundation for data protection and established key principles such as legality, necessity, and proportionality. The article further examines subsequent legislative efforts, including the recommendations of the Srikrishna Committee and the evolution of draft data protection bills, culminating in the enactment of the Digital Personal Data Protection Act, 2023. While the Act introduces a consent-based framework, defines roles such as data principal and data fiduciary, and establishes the Data Protection Board of India, it also raises concerns regarding government exemptions, limitations on transparency, and practical challenges in implementation. The study concludes that although India has made substantial progress in establishing a data protection regime, continuous reforms and judicial oversight are essential to balance innovation with the protection of fundamental rights in the digital era.
Keywords: Data Protection, Privacy, Information Technology, Digital Security, Data Protection Board
How to Cite?: Dr. Ankit Sourav Sahoo, "From Puttaswamy to DPDP: Tracing the Legislative Journey of Data Privacy in India", Volume 15 Issue 3, March 2026, International Journal of Science and Research (IJSR), Pages: 1012-1015, https://www.ijsr.net/getabstract.php?paperid=SR26317112521, DOI: https://dx.dx.doi.org/10.21275/SR26317112521