This Long article has been written by Sreenidhi K.R. and co-authored by Chanchal Dagur. Sreenidhi and Chanchal are law students at CMR University School of Legal Studies, Bangalore.
ABSTRACT
Individual autonomy has been profoundly transformed by the digital age, leading to privacy being a personal concern as well as a constitutional imperative. This study explores the origins and development of the Indian right to privacy by analyzing the Supreme Court’s constitutional interpretation of that right. The tension between state surveillance, corporate data capitalism, and individual liberty lies at the core of this research. The paper navigates through the growing influence of data-hungry tech corporations, the blurred lines between consent and coercion in digital spaces, and the state’s evolving role as both protector and violator of privacy. Special emphasis is placed on the Right to Be Forgotten, which has emerged as a critical digital right in the Indian context, particularly in cases where past records continue to haunt acquitted individuals or outdated data undermines reputational autonomy. By drawing from comparative global jurisprudence, including the European Union’s GDPR, France’s CNIL, and Germany’s doctrine of informational self-determination, the paper positions India within the broader matrix of international privacy norms. It examines how constitutional interpretation, in accordance with transnational principles, can reinforce democratic values in a world that is driven by surveillance.
This paper asserts that privacy encompasses more than just the right to be left alone; it encompasses the right to control one’s digital life. Through judicial activism and constitutional reinterpretation, India has an opportunity to build a privacy regime that protects not just personal data, but the very dignity, agency, and democratic integrity of its citizens in the 21st century.
