Page 25 - KDU Law Journal Volume 4 Issue 2
P. 25

KDU Law Journal                                  Volume 04 Issue II
                                                               September, 2024
                 (Retd). V Union of India (2017). This provides a strong legal
                 foundation for privacy protection.
              (b) The Act puts forth various provisions and guidelines to ensure
                 that an individual’s privacy is safeguarded and that their personal
                 information is not misused or exploited by unauthorized parties.
              Weaknesses of the Existing Legal Framework:
              (a) Delay implementation  of data  protection  legislation  leaves
                 a  significant  gap  in  the  legal  framework  as  technology  is
                 developing at an unprecedented rate making comprehensive
                 data protection uncertain.
              (b) The Act does not adequately address emerging technologies
                 and  data  practices  such  as  artificial  intelligence  and  data
                 analytics, which pose new challenges to data privacy.
              (c)  The  Act  does  not  specifically  address  issues  such  as  data
                 localization  and cross-border data  sharing, which are key
                 concerns in the digital age.
              In India, where digital literacy levels are still evolving, there is a
              pressing need for measures to educate and empower individuals to
              understand the implications of sharing their personal data online
              and to make informed choices about their privacy.

              The Potential Solutions to Address Privacy Considerations
              in the Age of Digital Transformation are as Follows:
              (a) Implementing EU GDPR-like principles for cross-border data
                 transfer.
              (b) Strengthening data protection  laws to keep pace with
                 technological advancements and changing privacy concerns.
              (c)  Implementing  such measures  creates  a  legal  framework  that
                 ensures the  privacy  rights of individuals  are  respected  and
                 protected in the age of digital transformation.


               law.faculty@kdu.ac.lk
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