Answer

The Digital Personal Data Protection Act, 2023, is a vital advancement in India’s data privacy framework. It establishes regulations to protect personal information amidst growing digital interactions, balancing individual rights with the needs of businesses and government, and cultivating consumer trust and accountability in data management.

Context of the Digital Personal Data Protection Act, 2023:

• Growing Digital Economy and Privacy Concerns: As India’s digital economy has rapidly expanded, high-profile data breaches have raised significant privacy concerns about how personal data is managed and used.
• Justice B.N. Srikrishna Committee Recommendations (2018): The recommendations from the committee were influenced by various incidents of data misuse during elections.
  For example: The misuse of personal data during the 2016 U.S. elections prompted global scrutiny and highlighted the necessity for comprehensive data protection frameworks in democracies.
• Recognition of Right to Privacy as a Fundamental Right: The landmark Puttaswamy judgement (2017) emphasised the right to privacy following incidents of unauthorised surveillance and data misuse.
• Alignment with Global Standards: The Act seeks to align with international data protection standards, particularly in response to the GDPR’s implementation in the EU.
  For example: The controversy surrounding WhatsApp’s data-sharing policies in
• Rapid Advancements in Technology: The rise of AI and data analytics has introduced significant privacy concerns that necessitate robust regulation.
  For example: The deployment of facial recognition technology by law enforcement agencies raised alarms about potential privacy violations.
• Pandemic-Driven Data Collection: The COVID-19 pandemic led to increased data collection through contact tracing apps.
  For example: The Aarogya Setu app, launched during the pandemic, collected vast amounts of personal data, sparking debates about privacy and data security.

Salient Features of the Digital Personal Data Protection Act, 2023:

• Detailed Legal Definitions and Frameworks: The Act provides clear legal definitions to govern data processing and protection.
  For example: The Act defines personal data and sensitive personal data, establishing specific categories that require different levels of protection, thus ensuring clarity in data handling.
• Empower Individuals: The Act grants individuals rights over their personal data, enhancing consumer control and autonomy.
  For example: Individuals can exercise the right to access their data and request its correction or deletion, promoting transparency and user control.
• Adherence to Security Practices by Data Fiduciaries: Data fiduciaries are required to implement robust security measures to protect personal data.
  For example: The Act mandates data fiduciaries to follow data protection measures such as encryption and anonymization to safeguard sensitive information.
• Significant Role of Data Protection Officer: The Act mandates the appointment of Data Protection Officers to oversee compliance and safeguard data, responsible for ensuring adherence to the Act’s provisions.
• Establishment of a Regulatory Authority: The Act establishes the Data Protection Board of India to regulate and enforce data protection laws. It will address individual complaints about data rights violations, ensuring accountability for data fiduciaries.
• Strict Penalties for Non-Compliance: Non-compliance with the Act results in stringent penalties to deter violations.
  For example: The Act prescribes penalties that can go up to ₹250 crores for severe breaches, ensuring that organisations are held accountable for data protection failures.
• Special Provisions for Protection of Children’s Data: The Act includes specific provisions aimed at enhancing the protection of children’s personal data.
  For example: The Act requires that data processing involving children’s data must have verifiable parental or guardian’s consent, reinforcing protections for minors online.

The Digital Personal Data Protection Act, 2023, promises to robustly safeguard personal data while promoting trust and innovation in the digital economy. By establishing a comprehensive framework, it addresses the pressing need for data protection in an increasingly digital world, ensuring that individuals’ rights are upheld in the face of rapid technological advancements.

DOWNLOAD PDF