Introduction
When we click “Accept All” on a new app, we rarely realize that we have just signed away a part of our digital identity. Every like, search, or photo we upload becomes data that defines us more accurately than we may define ourselves. In an era where personal information is the new currency, the question arises — how much control do we really have over our privacy?
From The Courtroom To The Cloud
The recognition of privacy as a fundamental right in India was a milestone moment in 2017 when a nine-judge bench of the Supreme Court in Justice K.S. Puttaswamy (Retd.) v. Union of India unanimously held that the right to privacy is intrinsic to Article 21 of the Constitution. The judgment declared that individuals must have control over their personal data and choices, including how their information is collected, stored, and used. However, the digital landscape evolved faster than the law. Social media platforms — once spaces for connection — have now turned into massive data-driven ecosystems. The Puttaswamy judgment spoke of informational autonomy, but in reality, our autonomy is undermined by lengthy privacy policies and opaque data practices that very few people understand, let alone consent to.
When Consent Isn’t Really Consent
The law expects users to provide “informed consent” before sharing data online. But can clicking “I agree” on a 20-page privacy notice truly count as informed consent? The Information Technology Act, 2000 and its related rules attempt to regulate data collection, but enforcement remains porous and fragmented. The Digital Personal Data Protection Act, 2023 (DPDP Act) was supposed to fix this gap. It introduces concepts like data fiduciaries and consent managers and gives users rights such as data erasure and withdrawal of consent. In this sense, digital consent is often more of a formality than a freedom. It satisfies legal compliance but not the spirit of privacy.
The Illustration Of Choice
Scandals like the Cambridge Analytica episode (2018) revealed how user data could be manipulated for political influence. In India, the WhatsApp privacy policy controversy (2021) reignited debates about data sharing between platforms under the same corporate ownership. The real challenge is not just about creating stronger laws — it is about building a culture of digital responsibility. Privacy should not be seen as a privilege for the educated or the tech-savvy; it must be a right that every citizen can meaningfully exercise.
To achieve that, India needs:
- A simplified consent framework that is easy to understand.
- Stricter accountability for data breaches — with real financial and reputational consequences.
- Digital literacy programs — so that users understand what “data collection” truly means.
Law schools, NGOs, and policymakers must collaborate to translate the constitutional promise of privacy into everyday awareness. The right to privacy cannot be protected by the courts alone; it must be respected by citizens themselves.
Conclusion
The recognition of privacy as a fundamental right was an important legal victory, but the real battle is happening on our phones every day. Social media has blurred the lines between what is private and
what is public, between what we share voluntarily and what is extracted silently. The truth is uncomfortable — we may have the right to privacy, but we rarely have the power to exercise it. Until we reclaim control over our data, “privacy” will remain a beautiful word in courtroom judgments, not in real life. There is a requirement to balance this — to know the risks associated with social media content and posts.
Footnotes
- Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) 10 SCC 1
- K.S. Puttaswamy v. Union of India (Aadhaar case) (2018)
- Digital Personal Data Protection Act, 2023
- Cambridge Analytica Scandal, 2018
- WhatsApp Privacy Policy Controversy, 2021
- Gautam Bhatia, “Privacy and the Indian Constitution,” Indian Constitutional Law and Philosophy Blog
Author Name: Ayan Awasthi, 1st Year BBA-LLB (Hons.), Himachal Pradesh National Law University, Shimla
