Page 15 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
individual dignity and autonomy . Additionally, privacy is crucial
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for safeguarding individuals from potential harms such as identity
theft, fraud, and cyberstalking . Moreover, in a democratic society,
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privacy also plays a vital role in fostering freedom of expression and
association, as individuals are less likely to freely express themselves
or associate with others if they fear their personal information will
be misused.

From the Carpenter v. United States judgements , Schrems II case ,
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Justice K.S. Puttaswamy (Retd.) and Anr. v. Union of India and
Ors it becomes evident that courts are increasingly recognizing
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the significance of privacy in the digital age and are taking steps to
ensure its protection.
Impact of Digital Transformation on Privacy:
The digital revolution has created countless opportunities for innovation
and efficiency, but it has also raised serious concerns about privacy and
data security. The impact of digital transformation on privacy is the
erosion of anonymity. In the digital age, it is becoming increasingly
difficult to remain anonymous online, as our digital footprint continues
to expand with each click, like, and share. This loss of anonymity
has serious implications for individuals who value their privacy, as it
can lead to targeted advertising, surveillance, and potential misuse of
personal sensitive data.

Moreover, if we look at the impact of digital technology on privacy
within the framework of Emerging Bharat, increasing reliance on
biometric identification technologies, such as Aadhaar, has further

19 Dorota Mokrosinska, “Privacy and Autonomy: On Some Misconceptions Concerning the
Political Dimensions of Privacy”, Law and Philosophy, April 2018, Volume 37 No. 2 (Pages
117-143), (accessed February 6 , 2024, 3;00 P.M), https://www.jstor.org/stable/44980918
th
20 Dr. Mark Van Rijmenam, “Privacy in the Age of AI: Risks, Challenges and Solutions”, The
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Digital Speaker February 17, 2023, (accessed 5 January 2024, 10:00 P.M) https://www.
thedigitalspeaker.com/privacy-age-ai-risks-challenges-solutions/#:~:text=Privacy%20
is%20crucial%20for%20a,for%20personal%20dignity%20and%20respect.
21 585 U.S (2018).
22 Supra note 14.
23 Justice K S Puttaswamy (Retd) & Anr. Vs Union of India & Ors. (2019) 1 SCC 1
law.faculty@kdu.ac.lk
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