Trending
Data Privacy Day, commemorated on January 28th, emphasises the necessity of safeguarding personal information in a digital age. In today’s world, personal data is gathered, evaluated, and disseminated extensively, often without individuals completely knowing its purpose. Data protection is becoming increasingly important as occurrences of data breaches, identity theft, and digital surveillance increase.
This article aims to emphasise the move from individual consent to institutional accountability. Legal frameworks currently place severe compliance duties on organisations that handle personal data, prioritising responsible data management and protecting citizens’ privacy rights.
Personal data includes any information that can directly or indirectly identify an individual, such as a name, contact information, financial information, biometric data, or online identifiers. Even browsing and location data may be considered personal data in the digital context. The right to privacy has been established in India as a basic right under Article 21 of the Constitution, particularly following the landmark Justice K.S. Puttaswamy v. Union of India decision. The Court affirmed that informational privacy—individuals’ right to control their personal data—is fundamental to dignity and autonomy. This constitutional recognition is the foundation of modern data protection regulations, emphasising the importance of lawful, fair, and transparent data processing.
Consent has long been the cornerstone of data protection. It indicates an individual’s consent to the gathering and use of their personal information. Valid permission must be free, informed, specific, unambiguous, and given with a clear affirmative action. Individuals must have the freedom to withdraw their permission at any time. Data handlers are legally required to disclose clear information about the goal, scope, and duration of data processing prior to gaining consent. However, in fact, consent is frequently obtained through lengthy privacy policies and pre-checked boxes, raising questions about whether consent is actually informed. Despite these issues, consent remains a critical legal and ethical necessity in data protection regimes.
While consent empowers individuals, it is no longer adequate to assure data privacy. Individuals may not fully understand the new digital environment, which includes complex data flows, various middlemen, and advanced analytics. Power disparities between users and huge data-driven enterprises erode the efficacy of consent. Recognising these limits, policymakers have turned to a compliance-based strategy that assigns greater accountability to companies. This paradigm requires companies managing data to proactively ensure lawful processing, security protections, and accountability, regardless of whether consent has been acquired. Compliance thus elevates data protection from a reactive procedure to a constant legal need.
India’s data protection regime is principally governed by the Digital Personal Data Protection Act of 2023. The Act seeks to regulate the handling of digital personal data while balancing individuals’ rights with reasonable commercial and government objectives. It applies to both private and public enterprises and has extraterritorial jurisdiction over data processing involving individuals in India. The Act establishes the Data Protection Board of India to oversee compliance and judge breaches, as well as the concept of “data fiduciaries,” who determine the purpose and methods of data processing. Significant monetary fines may be applied for infractions, emphasising the importance of compliance duties.
The Act puts specific responsibilities on data fiduciaries and processors. They shall process data only for authorised reasons and gather only what is required for that purpose, in accordance with the data minimisation principle. Data must be accurate, safely stored, and destroyed once its purpose has been met. Organisations must establish adequate security controls to prevent unauthorised access or breaches, as well as notify authorities and impacted persons in the event of a data breach. Significant data fiduciaries face additional requirements, such as performing audits and appointing data protection officers. Special caution is required while processing children’s data, reflecting higher protection standards.
Data protection regulations also provide individuals, known as data principals, with enforceable rights. These include the right to know how personal data is handled, the right to amend and delete inaccurate or superfluous data, and the right to file a dispute. Individuals may also designate another person to exercise their rights in the event of incapacity or death. However, the success of these rights is heavily reliant on public knowledge and computer literacy. An informed citizenry is required to ensure that legislative protections lead to real-world empowerment.
Beyond legal compliance, data protection necessitates an ethical governance system. Organisations must follow privacy-by-design principles, incorporating data protection into systems from the beginning rather than as an afterthought. Regular audits, personnel training, and clear corporate policies promote accountability and public trust. Ethical data governance acknowledges that personal data represents human lives and decisions, not just commercial commodities. Aligning legal compliance with ethical responsibility promotes democratic values and increases consumer trust in the digital environment.
Data Privacy Day emphasises the need of preserving personal data in the context of human dignity and autonomy. The shift from simple permission to tight compliance reflects the digital age’s desire for institutional accountability with individual choice.
Adv. Abdul Mulla highlights these ideas on platforms such as www.lifeandlaw.in and www.asmlegalservices.in , highlighting that governments, organisations, and citizens all have a collaborative responsibility to preserve data. Awareness, ethical governance, and obedience to legal demands are critical for balancing technological advancement with personal freedom and trust.
Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….
Copyright BlazeThemes. 2025
