Yes. In the historic 9-judge bench decision in K.S. Puttaswamy v. Union of India (2017), the Supreme Court unanimously declared the Right to Privacy as a Fundamental Right under Article 21.
Personal Data Protection & Security
Constitutional privacy standards, digital sovereignty, and data security law.
Constitutional Law
Constitutional privacy standards, digital sovereignty, and data security law.
Digital data security intersects constitutional law following the landmark Puttaswamy judgment declaring data privacy a fundamental right under Article 21, reinforced by the Digital Personal Data Protection (DPDP) Act 2023.
Bail & Trial provides constitutional and statutory data protection counsel. We represent citizens, tech firms, and data fiduciaries in challenging state surveillance, illegal data scraping, biometric leaks, and data breach liabilities.
Constitutional Data Privacy & Security
Litigating state surveillance, biometric privacy, and DPDP statutory rights.
- Puttaswamy Fundamental Privacy Right
- Challenging State Surveillance & Wiretaps
- Biometric & Aadhaar Data Protection
Our Expertise
Our Expertise in Data Protection Law
Upholding digital dignity and data security in the era of AI and big data.
State Surveillance & Wiretap Defense
Challenging illegal phone tapping, facial recognition, and digital tracking.
- High Court Writs against illegal phone tapping
- Challenging facial recognition technology (FRT) surveillance
- Protection against Pegasus / spyware intrusions
Biometric & Aadhaar Privacy
Litigating mandatory biometric linking and identity database leaks.
- Challenging mandatory Aadhaar linking notifications
- Action for Aadhaar data leaks under Aadhaar Act Sec 38/47
- Biometric data consent enforcement
Dispute Resolution
Handling Digital Security Rights
Constitutional and statutory remedies for data breaches.
Option 01
High Court Privacy Writs
Filing Article 226 writs against unconstitutional government data collection.
Option 02
Data Protection Board Filings
Representing data principals before Data Protection Board.
Option 03
Civil Damages for Data Breach
Suing corporate entities for financial loss caused by data leaks.
What We Do
Services for Citizens & Technology Enterprises
Comprehensive data security and privacy legal advisory.
Right to be Forgotten Claims
Moving High Courts to remove personal data/court records from search engines.
State Data Surveillance Defense
Protecting citizens against arbitrary digital interception orders.
Biometric Data Security
Legal advice on processing iris, facial, and fingerprint data.
Corporate Cyber Liability
Defending technology platforms against data breach class actions.
Common Matters
Key Privacy Principles
Core doctrines from the Justice Puttaswamy ruling.
Informational Privacy
An individual has a fundamental right to control dissemination of personal information.
Three-Fold Privacy Test
State intrusion into privacy requires: 1) Legitimate law, 2) Legitimate state aim, and 3) Proportionality.
Purpose Limitation
Data collected for one purpose cannot be used for unrelated state surveillance without consent.
Our Process
Our Data Privacy Process
How we litigate data security and privacy breaches.
1
Rights Infringement & Standing Review
Scrutinizing arbitrary state action, privacy breaches, and constitutional standing regarding Personal Data Protection & Security.
2
Evidentiary Compilation & Case Law Audit
Compiling official records, RTI disclosures, notifications, and Supreme Court constitutional precedents.
3
Statutory Representation to Authority
Issuing formal pre-litigation representation demanding immediate cessation of unconstitutional action.
4
High Court / SC Writ Petition Filing
Drafting and filing Writ Petitions under Article 226 (High Court) or Article 32 (Supreme Court).
5
Interim Injunctions & Motion Arguments
Argued before the Constitutional Bench for urgent stay orders against coercive state enforcement.
6
Final Constitutional Mandamus Decree
Securing binding writs of Mandamus, Certiorari, or Prohibition safeguarding citizen liberties.
Why Choose Us
Why Choose Us for Data Protection
Pioneers in constitutional privacy writ litigation and tech law.
Puttaswamy Doctrine Mastery
Applying Supreme Court privacy precedents to modern digital surveillance.
Tech-Legal Fluency
Understanding encryption, cloud servers, and cyber forensic evidence.
Have Questions?
FAQ about Personal Data Protection & Security
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Is Data Privacy a Fundamental Right in India?
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What is the "Right to be Forgotten" in Indian courts?The Right to be Forgotten allows individuals to seek removal of personal, embarrassing, or outdated information/court records from internet search engines and public domains under Article 21.
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Under what conditions can the Indian government tap phone calls?Phone tapping is governed by Section 5(2) of the Indian Telegraph Act and Supreme Court PUCL guidelines. Wiretaps are lawful ONLY during public emergencies or in the interest of public safety under strict committee review.
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What is a Public Interest Litigation (PIL) and who can file it?A PIL allows any public-spirited individual or organization to file a writ petition in the High Court or Supreme Court to protect public welfare and constitutional rights.
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What is the doctrine of Locus Standi in constitutional writ petitions?Locus Standi requires a petitioner to show direct personal injury by state action. However, courts relax this rule in PILs involving public rights violations.
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Book a Consultation
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Book an Appointment
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