In 2026, almost every action we take leaves a digital footprint, ordering food, visiting a hospital, using a UPI app, scanning Aadhaar, or logging into social media. Every click, swipe, and OTP becomes part of a massive personal data trail that companies, apps, advertisers, and even unknown third parties may access.
This makes data privacy no longer a technical concept, but an everyday life skill. Understanding how your data is collected, what the law allows, what rights you have, and what to do if your information leaks is now as essential as knowing how to lock your home.
This article simplifies India’s new data laws, real-world risks, and the exact steps to protect your personal information, both legally and practically.
India’s New Data Privacy Law Explained Simply
When the Digital Personal Data Protection Act, 2023 (DPDP Act) came into effect, people began asking me whether the law would truly help ordinary users.
The DPDP Act finally gives individuals control over their data
It places strict duties on companies and creates enforceable rights for users. These protections matter the most:
Clear and meaningful consent
Companies must request consent in a clear way. Hidden, forced, or bundled consent is no longer valid.
Right to know what data companies hold
Clients often ask me to draft notices seeking information about:
- What data a company collected
- How they used it
- Whether they shared it with third parties
This right now has strong legal backing.
Right to correct or delete data
If your data is inaccurate, unnecessary, or outdated, you can demand correction or erasure.
Penalties for companies that leak or misuse data
The Act allows heavy fines on companies for breaches and security failures.
Foreign companies must also comply
If they process data of people in India, the law applies to them.
How Companies Track You Insights from Real Cases
After reviewing countless privacy policies, app permissions, and cyber complaints, it can be said confidently that tracking is far more widespread than most people imagine.
Here are common patterns that are seen every week:
Apps taking unnecessary permissions
It is seen that:
- Wallpaper apps requesting microphone or camera access
- Flashlight apps requesting location
- Games requesting access to contacts
These permissions often have nothing to do with the app’s purpose. They exist purely to harvest data.
Websites tracking your behaviour
Everything from your browsing pattern to abandoned carts can be recorded and profiled.
Device fingerprinting
Even if you clear cookies, companies can identify your device using hardware details, IP addresses, and browser configuration.
Third-party data sharing
Many platforms sell or share data with brokers who combine information from:
- E-commerce sites
- Payment apps
- Social media
- Loyalty programs
This creates extremely detailed profiles without your knowledge.
How You Can Reduce Tracking (Easy, Practical Steps)?
Here is the basic privacy hygiene that is recommended to all clients:
- Review app permissions: Revoke access to location, mic, contacts, and storage if an app does not truly need it.
- Adjust privacy settings on social platforms: Limit visibility of your phone number, posts, and personal details.
- Use privacy-focused browsers or extensions: This reduces ad tracking significantly.
- Enable two-factor authentication: Many clients who face account hacking had no 2FA enabled.
- Avoid sharing Aadhaar, PAN, or primary mobile number unnecessarily: Use a secondary email for sign-ups and newsletters
Your Legal Rights If Your Data Is Misused
When clients come after a data breach or identity theft, these are the legal rights.
Rights Under the DPDP Act
- Right to access: You can request confirmation of whether an organisation holds your personal data.
- Right to correction and erasure: You can demand correction or deletion of inaccurate or excessive data.
- Right to grievance redressal: Every organisation must appoint a Grievance Officer who must respond to your complaint.
- Right to escalate complaints: If the company fails to respond adequately, you can escalate the matter to the Data Protection Board.
- Constitutional Rights: In K.S. Puttaswamy v. Union of India (2017), the Supreme Court recognised privacy as a fundamental right under Article 21.
This means breaches involving:
- Aadhaar misuse
- Identity theft
- Excessive surveillance
- Unlawful data sharing
Can be challenged as violations of fundamental rights.
Case Laws and Incidents That Shaped Data Privacy in India
- Puttaswamy Case (2017): This landmark judgment is the foundational case for privacy rights in India.
- Aadhaar-related exposure incidents: Repeated Aadhaar database vulnerabilities created public awareness about data misuse risks and contributed to stronger privacy frameworks.
- Corporate data breaches: BREACHES at companies such as Star Health and others have highlighted negligence in data security, increasing scrutiny by courts and regulators. In many cases, clients do not even realise their data has been compromised until financial loss or suspicious activity appears.
What To Do Immediately After a Data Leak or Identity Theft?
This is the exact step-by-step process that is recommended to clients the moment they suspect a breach.
1. Preserve evidence: Take screenshots of leaked information, alert messages, emails, and unauthorized login attempts.
2. Notify your bank and freeze vulnerable accounts: This stops financial damage.
3. Change all passwords and enable 2FA: Prevent further misuse.
4. Contact the company’s Grievance Officer: File a written complaint under DPDP Act rights.
5. File a cybercrime complaint: Visit: www.cybercrime.gov.in
6. File a police complaint if money was stolen
Relevant legal provisions:
- Section 419 IPC/Section 319 (2) BNS: Impersonation
- Section 420 IPC/Section 318 (4) BNS: Cheating
- Section 66C IT Act: Identity theft
- Section 66D IT Act: Electronic fraud
7. Consult a privacy lawyer immediately: Delays often weaken compensation claims and evidence.
Why Consulting a Privacy Lawyer Matters Today?
When clients ask whether a lawyer is necessary for a data breach, it is explained that data privacy issues are not technical problems. They are legal, financial, and emotional problems that can escalate if not handled correctly. A privacy lawyer helps with:
- Selecting the correct legal forum: DPDP Act proceedings, IT Act cases, consumer court, civil suits, or writ petitions.
- Drafting effective legal notices: Proper notices often make companies respond faster.
- Building a solid compensation claim: This requires legal precision and documented evidence.
- Managing cross-border data concerns: Many apps store or process data outside India.
- Protecting against further harm: Early legal steps often prevent escalation.
Practical Daily Checklist for Better Privacy
The following checklist is simple, but it prevents most of the issues it is seen in practice:
- Use a password manager
- Use unique passwords
- Enable 2FA everywhere
- Review app permissions monthly
- Avoid giving Aadhaar or PAN unless essential
- Backup important files offline
- Avoid unknown links or downloads
- Use separate emails for registrations
Conclusion
In 2026, protecting your data is as important as protecting your physical documents or your home. With increasing digital services, the risk of misuse has grown, but so have your legal rights. The DPDP Act, combined with constitutional protections and practical safety measures, offers strong tools for safeguarding personal information.
If you suspect misuse of your data, do not postpone taking action. Early legal intervention can prevent financial loss, reduce damage, and help you obtain remedy. A privacy lawyer can guide you through the correct steps and ensure your rights are protected.
One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.
FAQs
1. What is the punishment for companies that leak user data under the DPDP Act?
The DPDP Act allows penalties running into hundreds of crores depending on the severity of the breach, the type of data leaked, and the negligence involved. Repeat violations attract heavier penalties.
2. Can I file a complaint if a company refuses to delete my data?
Yes. You must first file a written complaint with the company’s Grievance Officer. If unresolved, you may escalate the matter to the Data Protection Board under the DPDP Act.
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