LIJDLR

CYBER SECURITY LAWS AND ROLE OF JUDICIARY IN PROTECTING PRIVACY RIGHTS IN INDIA

Arpit Tripathi, LLM student at DSNLU Visakhapatnam (India)

The rapid digitisation of India’s socio-economic framework has intensified concerns regarding cybersecurity and the protection of privacy rights. Recognised as a fundamental right under Article 21 of the Constitution, the right to privacy attained definitive constitutional status through the Supreme Court’s landmark decision in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017). This judgment not only affirmed privacy as intrinsic to human dignity and personal liberty but also established the principles of legality, necessity, and proportionality to assess state intrusion. India’s cybersecurity regime is primarily governed by the Information Technology Act, 2000, and strengthened by the Digital Personal Data Protection Act, 2023. While the IT Act addresses cyber offences such as hacking, identity theft, and unauthorised access, the DPDP Act introduces a structured framework regulating data collection, processing, storage, and consent-based governance. Together, these statutes seek to ensure accountability of data fiduciaries and enhance digital security. The judiciary continues to play a pivotal role in balancing individual privacy with competing state interests, including national security and public order. Through constitutional interpretation and judicial review, courts have imposed procedural safeguards on surveillance mechanisms and reinforced limitations on arbitrary state action. This paper critically examines the evolving interplay between legislative measures and judicial oversight in shaping India’s digital privacy landscape, highlighting the need for robust enforcement and rights-oriented governance in the era of expanding digital infrastructure.

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Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 324–338.
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