Karan Kumar & Baadshah Khan, Indore Institute of Law
INTRODUCTION
"Privacy is not an end in itself, but a means to protecting human dignity, autonomy, and relationships." – Julie E. Cohen
In today’s rapidly advancing digital world, the right to privacy is facing unparalleled challenges as new technologies reshape how personal data is gathered, processed, and utilized. This research paper provides a thorough exploration of privacy rights in the context of modern digital technologies, focusing on the growing concerns around data privacy, surveillance, and the ethical considerations tied to big data analytics. It begins by exploring the historical development of privacy, shifting from its traditional view as the right to be left alone to a more contemporary focus on individuals' control over their personal information.
The paper examines the significant effects of digital technologies on privacy, emphasizing how datafication—where every online action generates data—creates detailed digital footprints. It also looks at the growing use of big data analytics by corporations and governments to harness personal information for their gain. Furthermore, it highlights how social media, tech companies, and data brokers are contributing to the erosion of privacy in what is now termed surveillance capitalism, where personal data is commodified, often without clear consent. Additionally, the paper analyzes government surveillance programs, often justified by national security concerns, and their effect on personal freedoms and privacy rights.
The research delves into the legal frameworks designed to safeguard privacy in the digital age, comparing privacy laws across different regions. Notable examples include the European Union’s General Data Protection Regulation (GDPR)1, which has become a global benchmark for data protection, and the California Consumer Privacy Act (CCPA) in the United States. The paper also discusses India’s pivotal Justice K.S. Puttaswamy v. Union of India (2017) ruling, which established privacy as a fundamental right under the Indian Constitution.
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