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The Indian Context:

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The Constitution of India, 1950 reads right to privacy as “Protection of life and personal liberty: No person
shall be deprived of his life or personal liberty except according to procedure established by law” under
Article 21. Right to Privacy was recognized as a fundamental right in the case of Justice K.S. Puttaswamy
(Retd) vs Union of India[8]. This right expects people to respect each other’s privacy and lets them be in full
control of their privacy. However, initiatives like E-passports may hamper this right as it puts all of the
personal data of the citizens on a domain that can be highly exploited through ways as mentioned above.
Though there are no specific legislations on data protection and privacy existing in the country, there are
provisions and amendments made to the Information Technology Act, 2000, that ensures every citizen’s
right to data privacy. Section 43A and 72A of the IT Act, 2000 ensures compensation for improper
disclosure of personal information.
Conclusion:
Since India is an emerging economy and is rapidly growing into becoming a digital society, the country is
expecting a new set of laws with respect to data privacy. A specific legislation that addresses this new path
of privacy has to be brought about very soon. Digitalisation has permeated India. Having recognised this, the
central government has taken up a lot of initiatives such as ‘Digital India’, which aims at having a more
stringent judicial system and an effective legislature when it comes to data protection and privacy. 
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Having said that, it is of paramount importance for the ICAO guidelines to undergo an evaluation and a
revision to suit the needs of a digitally transforming society. India also needs to tighten its protection of E-
passports before implementing it on a large scale. The government has to go an extra mile in order to ensure
data protection to all its citizens while opting for e-passports. It is assumed that e-passports are harder to
destroy. However, at the same time, it should also be ensured that the security of the country is not protected
at the stake of the privacy of 1.32 billion Indians. Therefore, thorough processing and foolproof methods of
implementation has to be adopted in order to make this initiative as efficient as it is assumed to be. 

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