Technology, Privacy, And Data Protection: Constitutional Rights & International Standards

Abstract

The twenty-first century has been characterized by the unprecedented expansion of digital technologies, including the internet, smartphones, biometric systems, and artificial intelligence. These technologies have become essential for governance, commerce, and social interaction, but they also present novel threats to personal autonomy and privacy. The collection, processing, and transfer of personal data have reached unparalleled scales, often beyond the comprehension or control of the individuals concerned. Consequently, the discourse on privacy and data protection has moved from the periphery of constitutional law to its very center, engaging courts, legislatures, and international organizations alike. Privacy, as a constitutional and human right, was historically conceived as a protection against arbitrary state intrusion into the home. The famous articulation of the “right to be let alone” in Samuel D. Warren & Louis D. Brandeis, The Right to Privacy (1890) reflected this traditional understanding of spatial privacy.[1]Over time, however, courts and scholars have recognized that privacy is not limited to physical seclusion but also encompasses control over personal information, decisional autonomy, and dignity.[1] The emergence of the information society has thus reframed privacy as a multidimensional right with both negative and positive obligations upon the state. In India, the jurisprudence on privacy culminated in the landmark Justice K.S. Puttaswamy (Retd.) v. Union of India case, where a nine-judge bench of the Supreme Court recognized privacy as a fundamental right under Article 21 of the Constitution.[2]The Court emphasized that privacy is intrinsic to dignity and liberty, thereby aligning Indian constitutional law with international human rights standards. This recognition came at a critical juncture when the state was expanding biometric identification through Aadhaar and when private corporations were increasingly commodifying personal data. [1] Samuel D. Warren & Louis D. Brandeis, The Right to Privacy, 4 Harv. L. Rev. 193 (1890). [2] Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1 (India).