Vol. 6 (2010)

Policy-Making, Technology And Privacy In India

Dr. Subhajit Basu

There is a preconceived assumption that privacy laws in India are notoriously weak. This unquestioned assumption is based on a paradigm that does not take into consideration that the conception of privacy in India is influenced by its ‘culture of trust.’ Unfortunately, rather than looking into the specific societal, political and economic factors triggering the controversy, privacy researchers in the West have constantly varied the meaning and extent of the ‘right to privacy’ to bolster their argument. This article offers an explanation for why ‘umbrella’ data privacy legislation similar to the E.U. Data Protection Directive should not be enacted by India. This article further evaluates the argument that one’s private sphere is subjective and depends on one’s culture, environment and economic condition.

Author

Senior Lecturer in Cyber Law, School of Law, University of Leeds.