Right to Informational Privacy in India: Shift from Property Right to Property Rule

Abstract In today’s technological landscape, marked by continuous flow of data, it is difficult to think of data in terms of property rights, based on ownership. This is because data principals are almost always excluded from this ownership right and associated gains. With a specific focus on the Indian context, this paper analyses the framing of right to informational privacy and the issues associated with the same. It then goes on to suggest, the framing of this right using the option theory of legal entitlements instead of as a property right. The paper acknowledges the limitations of this theory, however emphasises that this theory is crucial to engage in a discourse which signifies a shift from associating data with property rights. It also has practical utility to arrive at more economically efficient models which take into consideration the data principal’s right as well as the need for technological innovation.