Authors:
Biranchi Narayan P. Panda

Addresses:
Xavier Law School, XIM University, Puri, Odisha, India.

Abstract:

The technological innovations have profoundly transformed the scope and nature of privacy intrusions, raising pressing questions about the adequacy of tort-based protections in common law jurisdictions. This paper examines the conceptual foundations of privacy, the evolution of tort doctrines across the United States, United Kingdom, Canada, Australia, and India, and their effectiveness in addressing modern challenges such as surveillance, artificial intelligence profiling, and cross-border data leaks. Through a comparative analysis of statutory frameworks, such as the GDPR, and insights from human rights instruments, such as the ICCPR, the study evaluates whether tort law remains sufficient as a safeguard for individual privacy. Further, the paper contextualizes India’s constitutional recognition of privacy in Puttaswamy v. Union of India alongside emerging statutory measures, and it underscores the broader need for reform across common law systems. Ultimately, the study concludes that tort law must be complemented by proactive legislation, judicial innovation, and alignment with international standards to protect privacy in the digital era adequately.

Keywords: Privacy Intrusions; Tort and Common Law; Digital Age; Data Protection; Law Systems; Human Rights; Technological Innovations; Artificial Intelligence (AI); Law Jurisdictions.

Received on: 03/06/2025, Revised on: 10/08/2025, Accepted on: 08/10/2025, Published on: 03/03/2026

DOI: 10.69888/FTSPL.2026.000581

FMDB Transactions on Sustainable Public and Law, 2026 Vol. 1 No. 1, Pages: 47-59

• Views : 122
• Downloads : 16

Download PDF