EVOLVING JURISPRUDENCE ON DATA PROTECTION: A JUDICIAL PERSPECTIVE

AUTHOR – TAVISHEE DUBEY* & DR ARVIND P. BHANU**

* STUDENT OF LAW, AMITY LAW SCHOOL, NOIDA, UTTAR PRADESH

**FACULTY OF LAW, AMITY LAW SCHOOL, NOIDA, UTTAR PRADESH

BEST CITATION – TAVISHEE DUBEY & DR ARVIND P. BHANU, EVOLVING JURISPRUDENCE ON DATA PROTECTION: A JUDICIAL PERSPECTIVE INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 524-537, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

In the wake of increasing digitization and the proliferation of personal data collection by both state and private actors, the legal discourse surrounding data protection in India has witnessed significant evolution. This paper examines the judicial approach to data protection, with a particular focus on the role of the Indian judiciary in interpreting the right to privacy under Article 21 of the Constitution and shaping the trajectory of data protection laws, culminating in the enactment of the Digital Personal Data Protection (DPDP) Act, 2023. It critically analyzes landmark judgments, including Justice K.S. Puttaswamy v. Union of India, which recognized privacy as a fundamental right, and how this recognition laid the groundwork for legislative and regulatory frameworks for personal data protection.

The study explores the historical development of privacy jurisprudence in India, the inadequacies of the Information Technology Act, 2000, and the transition toward a comprehensive statutory regime under the DPDP Act. It further evaluates the key provisions of the Act, the establishment of the Data Protection Authority, and potential constitutional conflicts arising from state surveillance, data localization, and national security exceptions. Through a doctrinal and analytical lens, the paper also compares India’s data protection landscape with international frameworks such as the EU’s GDPR and OECD guidelines.

Ultimately, the paper argues that the success and legitimacy of the DPDP Act will hinge on its judicial interpretation—particularly how courts balance privacy rights with competing interests of the state and commercial stakeholders. The judiciary’s continued vigilance in enforcing privacy norms, scrutinizing exemptions, and safeguarding constitutional values will be vital to ensuring a rights-based approach to data protection in India’s digital future.