While we carry on a discussion on the “Right to Privacy” as a fundamental right and what should be the provisions of regulation such as Digital Data Protection Act or GDPR etc., there is a need to also have a firm understanding of the foundation and legislative background for the law.
The DPDPB2022 has skirted the issue by making this Bill only as an attempt to regulate Governance of Digital Personal Data in a manner that it would ensure that Personal Data is not misused to cause infringement of Privacy Right.
But the real nature of the Right to Privacy beyond it being a part of the Fundamental Right to Life and Liberty under the Article 21 of the Indian Constitution is not clearly explained even in the Puttaswamy Judgement.
There is therefore a need for a continued academic debate on this topic since this will come to haunt us even when regulations are notified under DPDPB 2022.
Naavi.org would like to start a debate on the “Theory of Privacy” for academic purpose with the hope that we would add to the global knowledge base on the topic.
I invite participation of other academicians in this respect. Watch out for series of articles that would be released over a period of time.