Fiat Justisia (Mar 2023)

Challenges and Issues in India's Legal Framework for the Right to Privacy in Cyberspace

  • Manjula Raghav,
  • Sanjana Sharma Marwaha

DOI
https://doi.org/10.25041/fiatjustisia.v17no1.2667
Journal volume & issue
Vol. 17, no. 1
pp. 1 – 16

Abstract

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The right to privacy is not explicitly mentioned in the Constitution of India. However, it has been inferred by the judiciary from Article 21 in conjunction with the Directive Principles of State Policy. Like other fundamental rights, the right to privacy is not absolute. It encompasses a broad spectrum beyond specific places or domains. Recent advancements in technology and the proliferation of internet usage have significantly heightened the risks to privacy. While technology has opened new avenues for human development, it has also introduced numerous challenges, including unreasonable intrusions into personal domains, unauthorized disclosure of personal information, identity theft, hacking, and digital stalking, all of which can infringe upon privacy rights. This paper explores the intricate relationship between privacy and the growing reliance on technology. It will examine the protections offered by Indian laws and international frameworks to safeguard privacy rights in the digital age. After analyzing the associated issues and challenges, the paper will propose viable solutions to address these concerns effectively.

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