LIJDLR

THE EVOLUTION OF PRIVACY AS A FUNDAMENTAL RIGHT IN THE AGE OF CYBER CRIME

Tanmay Gujarathi, Advocate at Bombay High Court (India)

This paper examines the development of privacy as a fundamental right in the context of rising cyber-crime and rapid digitalization. In the current digital world, huge amounts of personal data are produced, collected, and processed throughout day-to-day online activities, exposing individuals to increasing risks such as data theft, hacking, phishing, and cyber terrorism. The shocking rise in cyber-crime cases underlines the urgent need for strong legal safeguards to protect personal information and preserve individual autonomy. The paper looks into privacy not only as a negative right of exclusion but as a broad concept deep rooted in dignity, choice, and trust. It critically analyses the judicial recognition of privacy as a fundamental right under Articles 14, 19, and 21 of the Constitution, particularly through the landmark judgment in Justice K.S. Puttaswamy (Retd.) v. Union of India, which affirmed the right to privacy as inherent to life and personal liberty. At the same time, it acknowledges that this right is not absolute and may be reasonably restricted under law. The study adopts a doctrinal and analytical methodology, relying on constitutional provisions, judicial decisions, statutory frameworks, and secondary sources. Further, the paper classifies numerous forms of cyber-crimes and inspects India’s divided yet developing legal framework, as well as sector-specific legislation. It critically examines the Digital Personal Data Protection Act, 2023 as a major step toward establishing a comprehensive, rights-based data protection rule, while also recognising challenges relating to application, regulatory transparency, and potential state outreach. The paper concludes that protecting privacy in the digital era requires a balanced approach by combining strong legal frameworks, effective enforcement, technological safeguards, and public awareness, ensuring that privacy remains meaningful in an increasingly interconnected world.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 2879–2916.
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