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Data Protection Leader
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Volume: 14 Issue: 11
(November 2017)

human rights litigation data transfer constitution

pallav mongia pankaj singh

supreme court of india


India: The right to privacy as a fundamental right: implications for cross-border data flows

The recent judgement of the Supreme Court of India in Justice K S Puttaswamy (Retd.) & Anr. v. Union of India & Ors., 2017 SCC OnLine SC 996 (‘the Judgement’), guaranteeing the status of the right to privacy as a fundamental right, has captured the conscience of an entire nation and deservedly so. Owing to the magnitude of the Judgement, its reach and impact is still being assessed and will continue to be assessed for some time to come. One impact area that has come under renewed focus following the Judgement is the cross-border flow of personal data involving Indian users of internet-based service providers. In this article, Pallav Mongia and Pankaj Singh, Advocate-on-Record and Advocate at the Supreme Court of India respectively, assess the framework for data transfers in India.

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