ValkyaEditorial

Tagged “privacy”

11 articles on privacy.

Weekly Report

The Digital Personal Data Protection Act 2023: the substantive architecture

A practitioner's primer on the structural design of India's first comprehensive data-protection statute — lawful basis, data-fiduciary obligations, the Significant Data Fiduciary tier, data-principal rights, cross-border transfers, exemptions, the Data Protection Board, the Schedule's ₹250 crore penalty cap, and the staged repeal of Section 43A IT Act and the SPDI Rules 2011. Written as the foundational reference for any DPDP question.

Valkya Editorial··15 min
Landmark JudgmentSupreme Court of India

K.S. Puttaswamy v. Union of India (Aadhaar): how a five-judge Bench upheld the Aadhaar architecture — and the Chandrachud dissent

On 26 September 2018, a five-judge Constitution Bench held by 4:1 that the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 was constitutionally valid in substantial part, that its passage as a Money Bill was within Parliament's competence, and that Section 7 — the mandatory linking of Aadhaar with benefits — was sustainable. Section 57 — permitting private entities to seek Aadhaar authentication — and parts of Section 33(2) were struck down. Justice D.Y. Chandrachud dissented entirely. A digest of the judgment, the Money Bill question, and the doctrinal arc from the 9-judge privacy ruling through this 5-judge substantive engagement.

Valkya Editorial··10 min
Weekly Report

DPDP at six months: Phase-II readiness as the consent-manager regime approaches

Six months into the staged rollout of the Digital Personal Data Protection Act, 2023 — and the DPDP Rules notified by MeitY on 13 November 2025 — the practitioner architecture is now substantially visible. Phase I (the Data Protection Board's establishment) is live; Phase II (the consent-manager regime) takes effect on 14 November 2026; Phase III (the compliance obligations and the ₹250 crore penalty ceiling) takes effect on 14 May 2027. A practitioner read on where data fiduciaries should be at the six-month mark and what the remaining eighteen months require.

Valkya Editorial··8 min
Landmark JudgmentSupreme Court of India

K.S. Puttaswamy v. Union of India: the unanimous nine-judge declaration of the right to privacy

On 24 August 2017, a nine-judge Bench of the Supreme Court held — without dissent, in 547 pages across six opinions — that the right to privacy is protected as a fundamental right under Articles 14, 19 and 21 of the Constitution. The judgment overruled M.P. Sharma (1954) and Kharak Singh (1962) in significant part, and supplied the three-prong proportionality test for state action affecting privacy. A close digest.

Valkya Editorial··11 min
Weekly Report

The DPDP Rules, 2025: what the November notification actually does — and when

India's first comprehensive data-protection framework is now operational, but in a staged sequence: Consent Manager rules effective November 2026; substantive Significant Data Fiduciary obligations effective May 2027. A practitioner's read on the architecture, the timeline, and the compliance work that has just become urgent for law firms and for the entities they advise.

Valkya Editorial··10 min
Landmark JudgmentAllahabad High Court

The juvenile-conviction discipline: Allahabad High Court on the Fresh Start principle in public employment

A Division Bench of the Allahabad High Court has reaffirmed that a conviction recorded against a juvenile under the Juvenile Justice (Care and Protection of Children) Act cannot operate as a disqualification for appointment to government or public services. The reasoning engages the rehabilitation-and-reintegration principle that anchors the entire JJ Act framework, and the constitutional protection of privacy and dignity that follows the *Puttaswamy* line. A digest of the doctrinal architecture, the bench's directions, and its relationship with the broader 'right to be forgotten' jurisprudence.

Valkya Editorial··10 min