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Digital Privacy Rights in India

Detailed legal guide with specific laws and practical advice for India

8 Rights Covered

Privacy as a fundamental right
The Supreme Court unanimously held in Justice K.S. Puttaswamy v. UoI (2017) that privacy is a fundamental right under Article 21 of the Constitution. State can limit it only by law, for a legitimate aim, and proportionately.
Right to know what data is collected about you (DPDP Act 2023)
Under Digital Personal Data Protection Act 2023, you have the right to information about what personal data a company holds about you, for what purpose, and to whom it is shared.
Right to correct or erase your personal data
DPDP Act 2023 gives you the right to correct inaccurate or incomplete personal data and to erase data that is no longer needed or was processed without valid consent.
Right to withdraw consent for data processing
You can withdraw consent given to any data fiduciary (company processing your data) at any time. Withdrawal must be as easy as giving consent. After withdrawal, company must stop processing and erase your data.
Right against unauthorised surveillance
Interception of calls, messages, and emails is permitted only under the Telegraph Act and IT Act with authorisation from designated government authority. Unauthorised surveillance is a criminal offence under IT Act Section 72.
Right to grieve personal data breaches
Data fiduciaries must report personal data breaches to the Data Protection Board. If your data is breached, you can file a grievance with the company first and then to the Data Protection Board.
Right against cyber harassment and cyber stalking
Sending obscene messages, cyber stalking, and online sexual harassment are offences under IT Act Sections 67, 66E and BNS. File complaint at cybercrime.gov.in or call National Cyber Crime Helpline 1930.
Right to quick freeze of bank account in cyber fraud
Online financial fraud: report IMMEDIATELY at cybercrime.gov.in or call 1930. Bank must freeze the beneficiary account as soon as police initiate action. Time is critical -- act within hours of noticing fraud.

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Disclaimer: This guide is for general legal information only and does not constitute legal advice. Laws may vary by state and change over time. Consult a qualified advocate for your specific situation. simplifylaw.in is not responsible for actions taken based on this information.