The Evolving Role of Fundamental Rights in Digital Age: A Study on Data Privacy and Surveillance

The Evolving Role of Fundamental Rights in Digital Age: A Study on Data Privacy and Surveillance

Duke Trivedy, Sonakshi Varshney

INTRODUCTION

Understanding Fundamental Rights and Their Relevance

Basic rights are the source of fundamental liberties that constitute the pillars of democratic governance. In India, they are enshrined in Part III of the Constitution and are seen as necessary for integral development of individuals. They safeguard people from capricious action on the part of the state, guarantee the rule of law, and promote democratic engagement. For example, Article 14 enforces equality before law, Article 19 ensures freedom of expression, and Article 21 protects the right to life and personal liberty.

These rights are not legal formalities—they constitute the moral ethos of the Indian republic. The Supreme Court has been instrumental in broadening the ambit of these rights through progressive interpretation. For instance, Article 21 has been judicially enlarged to encompass the right to livelihood, education, and, most significantly in this regard, the right to privacy.

However, the advent of new technologies has radically changed citizen-state and citizen-corporation relations. Data is the new oil in the digital world, and digital tracks are constantly mined, stored, and analyzed. This calls for a reexamination of the current framework of basic rights in order to keep them effective and relevant in society today.