ISSN2320-2882
Impact Factor9.17
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ESTD2013
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Paper Title
Constitutional Protection of Digital Privacy in India:Analysis Analysis of Article 21 with Reference to DPDP Compliance Challenges
Authors
A. AFROSE , Dr. Ch.VENKATESWARLU
Keywords
Digital Privacy ,Article 21 of the Indian Constitution Right to Privacy Fundamental Rights, Justice K.S. Puttaswamy v. Union of India ,Digital Personal Data Protection Act, 2023 (DPDP Act) ,Data Protection ,Data Fiduciary, Data Principal, Consent Mechanism , Compliance Challenges, Implementation Gaps,Information Technology Law.
Abstract
This study examines the constitutional protection of digital privacy in India with a focus on Article 21 of the Constitution, which guarantees the right to life and personal liberty. It traces the evolution of privacy as a fundamental right, particularly after the landmark Justice K.S. Puttaswamy v. Union of India (2017) judgment, which firmly recognized privacy as intrinsic to Article 21. The research further analyzes the legislative framework introduced by the Digital Personal Data Protection Act, 2023 (DPDP Act), highlighting its key provisions, objectives, and alignment with constitutional principles.
The paper critically evaluates the compliance challenges and implementation gaps associated with the DPDP Act, including issues of enforcement, data fiduciary obligations, consent mechanisms, and state exemptions. It also explores the judicial response in balancing individual privacy rights with state interests such as national security and governance.
By integrating constitutional analysis with statutory developments, this study aims to assess whether the current legal framework adequately safeguards digital privacy in India. The research concludes with suggestions to strengthen data protection mechanisms, improve regulatory clarity, and ensure effective enforcement to uphold the fundamental right to privacy in the digital age.
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How To Cite
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IJCRT — journal style
"Constitutional Protection of Digital Privacy in India:Analysis Analysis of Article 21 with Reference to DPDP Compliance Challenges", IJCRT - International Journal of Creative Research Thoughts (www.ijcrt.org), ISSN:2320-2882, Vol.14, Issue 4, page no.m148-m170, April 2026, Available :https://ijcrt.org/papers/IJCRT26A4412.pdf
APA — 7th edition
AFROSE, A., & Ch.VENKATESWARLU. (2026). Constitutional Protection of Digital Privacy in India:Analysis Analysis of Article 21 with Reference to DPDP Compliance Challenges. International Journal of Creative Research Thoughts, 14(4), m148-m170. https://ijcrt.org/viewpaperforall.php?paper=IJCRT26A4412
MLA — 9th edition
AFROSE, A., and Ch.VENKATESWARLU. "Constitutional Protection of Digital Privacy in India:Analysis Analysis of Article 21 with Reference to DPDP Compliance Challenges." International Journal of Creative Research Thoughts, vol. 14, no. 4, 2026, pp. m148-m170, https://ijcrt.org/viewpaperforall.php?paper=IJCRT26A4412.
Chicago — 17th, bibliography
AFROSE, A., and Ch.VENKATESWARLU. "Constitutional Protection of Digital Privacy in India:Analysis Analysis of Article 21 with Reference to DPDP Compliance Challenges." International Journal of Creative Research Thoughts 14, no. 4 (2026): m148-m170. https://ijcrt.org/viewpaperforall.php?paper=IJCRT26A4412.
Harvard — author–date
AFROSE, A. and Ch.VENKATESWARLU (2026) 'Constitutional Protection of Digital Privacy in India:Analysis Analysis of Article 21 with Reference to DPDP Compliance Challenges', International Journal of Creative Research Thoughts, 14(4), pp. m148-m170. Available at: https://ijcrt.org/viewpaperforall.php?paper=IJCRT26A4412
IEEE — numbered reference
A. AFROSE and Ch.VENKATESWARLU, "Constitutional Protection of Digital Privacy in India:Analysis Analysis of Article 21 with Reference to DPDP Compliance Challenges," IJCRT, vol. 14, no. 4, pp. m148-m170, Apr. 2026.
Vancouver — biomedical
AFROSE A, Ch.VENKATESWARLU. Constitutional Protection of Digital Privacy in India:Analysis Analysis of Article 21 with Reference to DPDP Compliance Challenges. IJCRT. 2026 Apr;14(4):m148-m170.
AMA — 11th edition
AFROSE A, Ch.VENKATESWARLU. Constitutional Protection of Digital Privacy in India:Analysis Analysis of Article 21 with Reference to DPDP Compliance Challenges. IJCRT. 2026;14(4):m148-m170. Accessed at https://ijcrt.org/viewpaperforall.php?paper=IJCRT26A4412
BibTeX — Zotero, Mendeley, LaTeX
@article{IJCRT26A4412,
author = {A. AFROSE and Ch.VENKATESWARLU},
title = {Constitutional Protection of Digital Privacy in India:Analysis Analysis of Article 21 with Reference to DPDP Compliance Challenges},
journal = {International Journal of Creative Research Thoughts},
volume = {14},
number = {4},
pages = {m148-m170},
year = {2026},
month = {April},
issn = {2320-2882},
url = {https://ijcrt.org/viewpaperforall.php?paper=IJCRT26A4412}
}
RIS — EndNote, RefWorks
TY - JOUR
AU - AFROSE, A.
AU - Ch.VENKATESWARLU
TI - Constitutional Protection of Digital Privacy in India:Analysis Analysis of Article 21 with Reference to DPDP Compliance Challenges
T2 - International Journal of Creative Research Thoughts
JA - IJCRT
VL - 14
IS - 4
PY - 2026
SN - 2320-2882
UR - https://ijcrt.org/viewpaperforall.php?paper=IJCRT26A4412
SP - m148-m170
ER -
Issue
Volume 14 Issue 4,
April-2026
Pages : m148-m170
Article Information
- Pages
- m148-m170
- Published
- April 2026
- Registration ID
- IJCRT_307511
- Published Paper ID
- IJCRT26A4412
- Research Area
- Others area
- Author Type
- Indian Author
- Location
- Chennai, Tamil Nadu, India
- Peer Review
- Request Peer Review Report
- Licence
- CC BY 4.0 · Open Access
- ISSN & Impact Factor
- 2320-2882 · IF 9.17
- Downloads
- 182
- Permanent Link
- https://ijcrt.org/viewpaperforall.php?paper=IJCRT26A4412
- Published Paper PDF
- https://ijcrt.org/papers/IJCRT26A4412.pdf
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International Journal of Creative Research Thoughts
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