Legal Transplants – Incorporation of European Union’s Data Protection Laws in the Indian Framework

Concerns regarding the protection of personal data have grown alongside the rapid expansion of digital technology, including computers, laptops, and mobile devices. The fear surrounding the misuse and exposure of private information online has persisted for decades. Modern data protection frameworks began to develop in the twentieth century as a response to the increasing use of data processing by governments and corporations, driven by advances in computer technology. Even before the rise of the internet, concerns about surveillance and large-scale management of personal information influenced the development of privacy protections. Early foundations of data protection are rooted in international human rights instruments such as Article 12 of the Universal Declaration of Human Rights, 1948, and Article 17 of the International Covenant on Civil and Political Rights, 1966, which recognize the right to privacy. These principles later shaped both international and national data protection regimes. This paper examines key international instruments on personal data protection and analyzes how India has incorporated elements from global frameworks through the theory of legal transplants in comparative public law. It further evaluates the Digital Personal Data Protection Act, 2023, focusing on its role in protecting the right to privacy, regulating the lawful processing of digital personal data, and ensuring transparency and accountability among data-handling entities, while also identifying gaps that may require improvement to address future technological developments.