The legal framework
In Justice K.S. Puttaswamy v Union of India the Supreme Court held unanimously in 2017 that privacy is a fundamental right under Article 21 of the Constitution. The Digital Personal Data Protection Act 2023 followed, creating consent obligations, the role of Consent Manager and a Data Protection Board, and it is being operationalised progressively through rules.
Key points
| Constitution | Privacy a fundamental right under Article 21, held in Puttaswamy (2017) |
|---|---|
| Statute | Digital Personal Data Protection Act 2023, brought into force through rules |
| Regulator | Data Protection Board of India |
| IT Act | Section 43A and section 72A remain relevant for older facts |
| Remedy | Writ petition under Article 32 or 226 against the State |
| Penalties | Substantial financial penalties, but no statutory compensation for individuals |
| Proportionality test | Puttaswamy set a four-part test for any state intrusion |
| Aadhaar | The Supreme Court limited its mandatory use to specified purposes |
| Right to be forgotten | Recognised in several High Court decisions, without a statutory basis |
In practice
- Send a written access request first: it forces the other side to disclose what it holds and creates a paper trail.
- Screenshot everything, with the date and the URL visible, before asking for removal.
- Complain to the regulator — it is free — and keep the reference number.
- Court action is the last step, and the limitation periods are short: take advice early.
- Cite the proportionality test where a public body is involved: it is the operative standard.
Where to go
- Data Protection Board of India.
- High Court writ jurisdiction against public bodies.
- District consumer commissions for service failures.
Worth knowing
The 2023 Act deliberately provides penalties payable to the State rather than compensation to the individual: for personal redress you generally still need a writ petition or a consumer complaint. The right to be forgotten has been recognised case by case by High Courts. There is no statutory procedure, so it requires a petition.
Official sources and links
- India.gov.in — national portal of India
- India Code — central and state legislation