DATA PROTECTION IN INDIA: PRIVACY, PERSONAL DATA, AND THE SAGA OF A LEGISLATIVE AND ECONOMICAL APPROACH

-Acharaj Kaur Tuteja and Digvijay Singh

ABSTRACT 

Set to become the most populated country, India has always lacked an adequate legal framework for protecting the data privacy of its citizens. While random attempts have been sprung at the Parliament from time to time, there still remains an astonishing lacuna in that aspect. The same has been tried to bridge through the recent Data Protection Bill, 2022 with its 30 clauses articulated for the supposed benefit of data principals. The following research paper, takes the assistance of secondary research to delve into the economic analysis of the Bill and how it strategically contradicts the purpose and objective of its creation that is – data privacy protection. Through adoption of Coase theorem and game theory, this paper seeks to elaborate on the provisions of the Bill and how they lack an appropriate economic trade-off for most individuals involved. Right to privacy was deemed a fundamental right in 2017 itself, and the project outlines the disruption of this Apex Court judgement from an economic point of view.

Keywords: Right to Privacy, Data Protection, Sri Krishna Committee, Coase theorem, game theory, costs and incentives

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