Constitutional Protection of Digital Privacy in India: Analysis of Article 21 with Reference to DPDP Compliance Challenges Coming Soon

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.