Data Protection in India An Analytical Study of Legal and Regulatory Mechanisms

Abstract

The digital revolution has enabled unprecedented collection and use of personal data by states and corporations, generating immense societal benefits but also disrupting privacy. Vast troves of individual data are extracted and analysed, often without consent, to optimize systems and profits. newlineThis asymmetric power dynamic facilitates mass surveillance and manipulation, violating rights and democratic principles. These concerning trends are evident across multiple domains, from national biometric databases to tech platforms and political campaigns. The impact of national biometric databases, such as India s Aadhaar, which facilitate efficient welfare transfers but newlinecentralize potentially dangerous surveillance powers with limited oversight. Likewise, these tech platforms utilize user data for enhancements of welfare services, but their extractive and opaque practices objectify individuals as products rather than respecting them as citizens. In this context, newlinewhere technologies like microtargeting and psychographic profiling are significantly reshaping electoral processes through data-driven influence capabilities, the political landscape is undergoing profound changes. The use of these technologies in the political sphere raises important questions newlineabout the integrity of democratic processes, the transparency of campaign strategies, and the potential for manipulating public opinion. newlineThe use of advanced analytics and AI in conjunction with data-driven technologies like microtargeting and psychographic profiling amplifies the risks to individual rights, privacy, and consent in the political sphere. While the judicious use of data can create value, current practices newlineseverely undermine personal agency and accountability. However, banning these technologies outright is not a feasible solution, as it would stifle innovation. newlineThe solution lies in developing evolving legal frameworks and norms that prioritize newlineinformed consent, proportional data minimization, transparent usage, and non-discrimination. newlineThese principles are c