Data Protection and Privacy as a Fundamental Right - An In-depth Analysis of the European Union and India's Data Protection Legislation

Abstract

In the digital age, the protection of personal data and the right to privacy have emerged as paramount concerns, necessitating robust legal frameworks to safeguard these fundamental human rights. This paper embarks on a comprehensive study of data protection laws in two distinct jurisdictions, the European Union (EU) and India. By examining the EU’s General Data Protection Regulation (GDPR), renowned for its stringent data protection standards, and juxtaposing it with India’s evolving legal framework, particularly in light of the Supreme Court’s landmark recognition of privacy as a fundamental right and the ongoing deliberations on the Digital Personal Data Protection Act (DPDPA), 2023, this research aims to unravel the complexities of legislating privacy in the digital era. Through a comparative analysis, the article highlights the similarities and divergences between the GDPR and the DPDP Act, evaluates the effectiveness of these frameworks in safeguarding privacy, and explores the challenges posed by technological advancements. Furthermore, it delves into the future of data protection laws. By integrating legal analysis with the theoretical underpinnings of privacy as a fundamental right, this research contributes to the global discourse on data protection, advocating for a dynamic legal landscape that aligns with the evolving nature of privacy threats in the digital world.