A. Introduction
The growth of the digital economy and rapid technological
advancements have made it crucial to protect the personal data of
individuals. The Personal Data Protection Bill, 2019 (the
"Bill") is an endeavor in this
direction, respecting the informational privacy of individuals and
regulating the collection, usage, transfer and disclosure of
personal data. The Bill has now been referred to a Joint
Parliamentary Committee for examination.
B. Current legal data protection landscape in India
The Hon'ble Supreme Court of India in the landmark judgement
in Puttuswamy vs. Union of India1 (the
"Puttuswamy Judgment") held that privacy
is a constitutionally protected right that emerges primarily from
the guarantee of life and personal liberty in Article 21 of the
Constitution of India. It is the constitutional core of human
dignity. However, like the other fundamental rights, privacy is not
an absolute right. A law which encroaches upon privacy will have