A Critical Analysis of National and International Legal Framework for Protection of the Right to Privacy and Data Protection

Abstract

The aim of this paper is to initiate a serious debate on right to privacy and data protection in the Indian perspective. Privacy though not expressly provided under the Constitution; it impliedly takes into it the right to privacy as personal liberty guaranteed under article 21. There is an inherent conflict between right to privacy and data protection. The data protection may include financial details, health information, business proposals, intellectual property and sensitive data. Data protection and privacy have been dealt within the Information Technology (Amendment) Act, 2008 but not in an exhaustive manner. The IT Act is not sufficient in protection of data and hence a separate legislation in this regard is required. This paper covers other international legal frame work for protecting privacy and also cover other international conventions for protection of privacy.