Privacy has increasingly been recognized as a fundamental human right across the globe, and in India, it has been affirmed as a Fundamental Right under Article 21 of the Constitution. Closely tied to this right is the protection of personal data, which has become particularly challenging in today's technologically advanced and globalized world. The absence of comprehensive legal safeguards has made it possible for the ruling majority to infringe upon this right through discriminatory legislation.

Initially, the Indian legal system did not acknowledge the Right to Privacy as a Fundamental Right, nor did it have any specific legislation addressing data protection to uphold this right. Over the years, both the Government and private commercial entities have faced numerous allegations of violating individuals' privacy rights. Several such instances have been brought before the judiciary, resulting in landmark judgments that have shaped the legal discourse around privacy and data protection in India.