People are taking to the streets everywhere around the world to defend and protect their rights, and with the rapid advancement of technology in areas of security and defense, understanding your digital rights as a citizen is becoming essential. Can your photograph be used to identify you later? What are your rights if authorities want to examine your phone? And what can you do if your personal information is shared online without your consent?
Dr Karnnika A Seth, cyberlaw expert and founder of Noida-based law firm Seth Associates, helps citizens understand what they should know about their digital rights. Software Freedom Law Centre, India (SFLC.in), a donor-supported legal services organisation bringing together lawyers, policy analysts, technologists, business professionals, students and citizens to protect freedom in the digital world, also shares inputs on how to maintain digital privacy, surveillance and the steps they can take to protect their personal information.
In This Article
What Does Indian Law Say About Your Digital Privacy?
In India, the right to privacy is recognised as part of the fundamental right to life and personal liberty under Article 21 of the Constitution. However, the scope of that protection and the remedies available depend on the circumstances and the law involved.
India’s Digital Personal Data Protection Act, 2023, establishes a framework governing the processing of digital personal data and sets out obligations for organisations handling such information. It is intended to address matters such as consent, data security and the rights of individuals whose personal data is processed.
Dr Karnnika explains that the Act’s provisions are being brought into force in phases. Under the commencement notification issued in November 2025, several substantive provisions are scheduled to take effect 18 months after publication, in May 2027.
How To Maintain Your Digital Privacy
Some easy but imperative steps you should take to protect your digital privacy, according to the Software Freedom Law Centre, India, are:
- Do not use your name, home address, or date of birth as a password. SFLC.in recommends that a six-digit passcode is a more secure alternative.
- Avoid relying on public WiFi, as it is difficult to assess or change security settings. Use your personal mobile hotspot instead.
- It is important to keep an active track of which phone apps access your location. This can include social media services, instant messaging services, and even e-commerce platforms.
- You can turn off location access or limit location while you are using the application to prevent the possibility of data profiling and surveillance.
How AI Can Track Your Digital Footprint
Advances in AI and data scraping have made it easier to analyse publicly available images and videos. According to the Software Freedom Law Centre, India, photographs and video frames can potentially be run through facial recognition search engines or law enforcement databases and matched against social media profiles, public directories, or previously captured images.
Distinctive clothing, tattoos, accessories, and recognisable landmarks can also help connect images from different sources, potentially revealing a person’s movements or routines.
While there is no foolproof way to avoid identification in public spaces, SFLC.in suggests a few measures that might make identification more difficult for some facial recognition systems. These include wearing masks, sunglasses, and caps, as well as clothing with pixelated, blur-like, psychedelic, or asymmetrical patterns that may interfere with certain systems.
What Does Your Phone Know About You?
From navigation and food delivery to social media and online shopping, many of the apps we use regularly request access to our location. While some permissions are necessary for a service to function, others may not be essential to its primary purpose.
SFLC.in shares a few simple habits that can make your devices more secure:
- Review app permissions regularly, especially location access.
- Use a strong, unique passcode for your phone.
- Avoid accessing sensitive accounts over unsecured public WiFi.
- Check which apps can access your location and revoke unnecessary permissions.
- Review the information your social media profiles make publicly visible.
Can Authorities Search Your Phone?
According to Dr Karnnika, law enforcement authorities may seize devices for criminal investigations and examine relevant digital material in accordance with the applicable legal procedures and the nature of the alleged offence.
If your device is seized as part of an investigation, avoid deleting or altering potentially relevant material. Dr Karnnika notes that tampering with evidence or using software to delete it may have adverse consequences. She also explains that an accused person is entitled to access the prosecution material relied upon in the charge sheet, or challan, to prepare their defence, subject to the applicable legal procedure.
SFLC.in explains that under the Digital Personal Data Protection Act, 2023 and the Digital Personal Data Protection Rules 2025 (“India’s Digital Personal Data Protection Framework”), you can exercise your statutory data rights and escalate complaints through a structured redressal mechanism if a Data Fiduciary has collected or processed your digital personal data without valid consent (or outside permissible “legitimate uses”).
You can reach out directly to the Data Fiduciary’s designated contact or grievance officer mechanism (using features provided in their privacy notice or app/website settings).
It is important to note that such redressal mechanisms are yet to be fully established, as India’s Digital Personal Data Protection Framework is not fully in effect.
Given the advancements in data scraping and artificial intelligence, publicly posted images or video frames can be run through facial recognition search engines (such as PimEyes or Clearview AI) or law enforcement databases to match a face against social media profiles, public directories, or past photographs.
Hence, digital privacy also involves understanding what information you share, how technology can make that information identifiable, and what legal protections and remedies may be available when your privacy is compromised. As our lives become increasingly connected, knowing your digital rights is an important first step towards making more informed decisions about your personal information.
This article is intended for general information and is not a substitute for legal advice. The application of laws and available remedies depends on the facts of each case.
Photo Credits: Pexels and Shutterstock
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