Author(s): Amit Kumar Singh

Abstract: In the era of global digitalization, the rise of data colonialism-where foreign tech corporations exploit the data of individuals and nations-poses a significant challenge to national sovereignty, privacy, and democratic governance. India, with over 900 million internet users, faces a critical juncture in balancing technological growth, economic development, and protection of citizens’ privacy rights. Despite legal recognition of privacy as a fundamental right in the landmark Puttaswamy v. Union of India (2017) [1] judgment, regulatory gaps, weak enforcement, and dependence on foreign technology have allowed foreign actors to exercise disproportionate control over Indian citizens’ digital footprints. This paper examines the concept of data colonialism, evaluates India’s cyber jurisprudence, legislative framework, and regulatory mechanisms, and analyzes judicial responses to privacy breaches and cross-border data transfers. By reviewing cases such as Aadhaar, Shreya Singhal, and emerging data breach litigation, it highlights the tensions between state surveillance, corporate interests, and individual autonomy. The study also undertakes a comparative analysis with international frameworks, particularly the European Union’s General Data Protection Regulation (GDPR) and the United States’ sectoral privacy model, to identify best practices and policy gaps. The research finds that while India has made strides in privacy jurisprudence, the implementation of data protection laws is uneven, and foreign control over digital infrastructure continues to undermine digital sovereignty. The paper recommends legal reforms, technological safeguards, and regulatory innovations, including enforcement of data localization, creation of indigenous cloud infrastructure, stricter compliance obligations for multinational tech companies, and citizen data awareness campaigns.

Pages: 196-203 | Views: 131 | Downloads: 58

Download Full Article: Click Here