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ABSTRACT:
The Digital Personal Data Protection Act (DPDPA) of 2023 is a significant legislative measure in India
aimed at safeguarding digital privacy rights. This article critically analyzes the DPDPA, exploring its key
features, including the rights of individuals to access, correct, and erase their data, and the obligations
imposed on data fiduciaries. By examining the enforcement mechanisms and implications of this Act, the
article aims to contribute to the discourse on digital privacy legislation and enhance understanding of
individual rights and organizational responsibilities within this evolving legal framework.
INTRODUCTION:
The legal foundation for processing an individual’s digital personal data in India is provided by the Digital
Personal Data Protection Act, 2023 (also known as “the Act” or “DPDP Act, 2023”). The present Act is a
significant departure from former drafts that were made to establish this Act by various panels of experts.
The Act establishes compliance guidelines for “Data Fiduciaries,” which are defined as those who, either
independently or in concert with others, choose how and why to process and use a specific person’s
personal data. Technologies like Data Loss Prevention (DLP), which guarantees end-to-end encryption,
firewalls, built-in data protection, and other measures are the foundation of personal data security. In
corporate activities like research and development, financing, etc., it is crucial.
WHAT THE ACT IS ABOUT
The Digital Personal Data Protection Act, of 2023 defines the compliance regulations for Persons taking
responsibility for using users’ particular data.
The Act lays forth guidelines for how companies must handle and manage personal information while
protecting individual rights. Its primary goals are to prohibit cross-border data transfers, penalize
individuals for financial data breaches, and provide guidelines for the creation of a data protection
authority to guarantee compliance. Failure to comply and non-compliance can result in fines for Persons
as they would also have to stop keeping user data if it no longer supports the original business purpose.
Reusing personal information that has “any detrimental effect” on the welfare of the Data Principal—the
person to whom the specific data relates—will not be permitted by anybody.
Data Principals are endowed with the following rights under the Act:
• Right to Information- Data Principals are entitled to get information on the processing of their specific
data, as well as a summary of the data.
• Right to Withdraw Consent- People can revoke their consent to data processing at any time, and they
have the right to know whether or not their information has been shared with a third party.
• Right to Correction and Erasure- Data Principals can seek the erasure of related data when it is no
longer needed and to correct errors in their Personal Data.
• Right of Grievance Redressal- The Data Fiduciary might receive complaints from data principals
through the Grievance Redressal Right. Grievances may be brought to the attention of the Board if they
get inadequate or unacceptable answers. The Act specifies a number of points for Data Principals, such
as not providing inaccurate information or filing fraudulent complaints.
Contemporaneously, the Act lays down several liabilities for Data Fiduciaries:
• Transparency- Data fiduciaries are required to provide a clear explanation of the specific data they
want to gather, as well as the rationale and methods underlying the acquisition.
• Informed consent- obtaining an individual’s specific data without prior consent would be a violation of
the Act’s requirements.
• Data Retention- Information should only be kept for as long as necessary to fulfill its intended function.
The fiduciaries should block the specific data so that it is no longer accessible to the public when it has
served its intended function or the user has deleted the application or website.
DATA PROTECTION BOARD OF INDIA
The Data Protection Board of India, often known as “the BOARD,” would be created in accordance with
this Act and will consist of a chairman and any other board members who may be selected by the Central
Government.
The Chairperson has been given the right to exercise his powers in the ensuing matters:
of general superintendence and giving direction concerning the executive matters which may concern
the Board.
He may also authorise an officer of the Board to entertain any complaint or any other function that he
may suppose fit.
The Act gives the Board the following authority to perform the following duties.
The Board has the power to direct any critical remedial or mitigation measures in the event of any breach
of personal data
The Board has the authority to penalize the malefactors.
The Board shall give a Person an effective occasion of being heard
The Board has been vested with the power to modify, suspend, or withdraw any direction that it may
suppose fit
The civil courts will not have any governance to entertain any suit in respect of any matter which the
Board is empowered to arbitrate upon and no instruction shall be granted by any other court in respect to
any action taken by the Data Protection Board of India.
DATA PROTECTION ACT – BOON OR BANE
An vital and demanded Act The Act requires Data Fiduciaries to handle individuals’ personal data
legitimately and gives Data Principals the authority to control their own specific (digital) data. Businesses
operating outside of India that provide services to people in India will be expected to abide by the Act’s
provisions due to its extraterritorial scope.
People will need to evaluate their working styles in order to be able to fulfill their individual rights, such as
the right to access, amend, and remove their personal data. This is especially true for the specific data of
people like their employees, visitors, merchandisers, and so forth. Failure to comply with the Act’s
requirements might result in forfeitures and possible fines of up to Rs 250 crore. Moving toward
transparency and compliance
The Act is thought to be a major step in the right direction toward resolving the long-standing dispute
over data protection corporations. The complete framework of the Act ensures responsible processing of
digital personal data by imposing reasonable criteria on data fiduciaries and processors. The emphasis
on free and informed concurrence supports citizens’ basic right to sequestration. By enforcing
compliance, corrective action, and warrants when requested, the conformance of a data protection board
enhances the Act. The total efficacy and transparency of the process are enhanced by the Board’s
capacity to function as a digital office, recycling complaints, allocating cases, and rendering decisions in
accordance with techno-legal norms.
CONCLUSION
All things considered, the Act is a step in the right direction toward encouraging transparency in data
practices, safeguarding data sequestration, and paving the way for India’s digital future. further individual
rights The Ministry of Electronics and Information Technology (MeitY) created the Act, which is seen as
progressive legislation affecting enterprises of all sizes and spanning many industries. The Act creates a
crucial balance between protecting the rights of drug users and promoting the creation of innovative
digital businesses.
Among other things, it has the important business-friendly rudiments of facilitating overseas data
transfers and doing away with felonious consequences for opposition. However, it also ensures that data
headliners will have all the rights necessary to establish a future data governance organization that is
accountable and transparent.ABSTRACT:
The Digital Personal Data Protection Act (DPDPA) of 2023 is a significant legislative measure in India
aimed at safeguarding digital privacy rights. This article critically analyzes the DPDPA, exploring its key
features, including the rights of individuals to access, correct, and erase their data, and the obligations
imposed on data fiduciaries. By examining the enforcement mechanisms and implications of this Act, the
article aims to contribute to the discourse on digital privacy legislation and enhance understanding of
individual rights and organizational responsibilities within this evolving legal framework.
INTRODUCTION:
The legal foundation for processing an individual’s digital personal data in India is provided by the Digital
Personal Data Protection Act, 2023 (also known as “the Act” or “DPDP Act, 2023”). The present Act is a
significant departure from former drafts that were made to establish this Act by various panels of experts.
The Act establishes compliance guidelines for “Data Fiduciaries,” which are defined as those who, either
independently or in concert with others, choose how and why to process and use a specific person’s
personal data. Technologies like Data Loss Prevention (DLP), which guarantees end-to-end encryption,
firewalls, built-in data protection, and other measures are the foundation of personal data security. In
corporate activities like research and development, financing, etc., it is crucial.
WHAT THE ACT IS ABOUT
The Digital Personal Data Protection Act, of 2023 defines the compliance regulations for Persons taking
responsibility for using users’ particular data.
The Act lays forth guidelines for how companies must handle and manage personal information while
protecting individual rights. Its primary goals are to prohibit cross-border data transfers, penalize
individuals for financial data breaches, and provide guidelines for the creation of a data protection
authority to guarantee compliance. Failure to comply and non-compliance can result in fines for Persons
as they would also have to stop keeping user data if it no longer supports the original business purpose.
Reusing personal information that has “any detrimental effect” on the welfare of the Data Principal—the
person to whom the specific data relates—will not be permitted by anybody.
Data Principals are endowed with the following rights under the Act:
• Right to Information- Data Principals are entitled to get information on the processing of their specific
data, as well as a summary of the data.
• Right to Withdraw Consent- People can revoke their consent to data processing at any time, and they
have the right to know whether or not their information has been shared with a third party.
• Right to Correction and Erasure- Data Principals can seek the erasure of related data when it is no
longer needed and to correct errors in their Personal Data.
• Right of Grievance Redressal- The Data Fiduciary might receive complaints from data principals
through the Grievance Redressal Right. Grievances may be brought to the attention of the Board if they
get inadequate or unacceptable answers. The Act specifies a number of points for Data Principals, such
as not providing inaccurate information or filing fraudulent complaints.
Contemporaneously, the Act lays down several liabilities for Data Fiduciaries:
• Transparency- Data fiduciaries are required to provide a clear explanation of the specific data they
want to gather, as well as the rationale and methods underlying the acquisition.
• Informed consent- obtaining an individual’s specific data without prior consent would be a violation of
the Act’s requirements.
• Data Retention- Information should only be kept for as long as necessary to fulfill its intended function.
The fiduciaries should block the specific data so that it is no longer accessible to the public when it has
served its intended function or the user has deleted the application or website.
DATA PROTECTION BOARD OF INDIA
The Data Protection Board of India, often known as “the BOARD,” would be created in accordance with
this Act and will consist of a chairman and any other board members who may be selected by the Central
Government.
The Chairperson has been given the right to exercise his powers in the ensuing matters:
of general superintendence and giving direction concerning the executive matters which may concern
the Board.
He may also authorise an officer of the Board to entertain any complaint or any other function that he
may suppose fit.
The Act gives the Board the following authority to perform the following duties.
The Board has the power to direct any critical remedial or mitigation measures in the event of any breach
of personal data
The Board has the authority to penalize the malefactors.
The Board shall give a Person an effective occasion of being heard
The Board has been vested with the power to modify, suspend, or withdraw any direction that it may
suppose fit
The civil courts will not have any governance to entertain any suit in respect of any matter which the
Board is empowered to arbitrate upon and no instruction shall be granted by any other court in respect to
any action taken by the Data Protection Board of India.
DATA PROTECTION ACT – BOON OR BANE
An vital and demanded Act The Act requires Data Fiduciaries to handle individuals’ personal data
legitimately and gives Data Principals the authority to control their own specific (digital) data. Businesses
operating outside of India that provide services to people in India will be expected to abide by the Act’s
provisions due to its extraterritorial scope.
People will need to evaluate their working styles in order to be able to fulfill their individual rights, such as
the right to access, amend, and remove their personal data. This is especially true for the specific data of
people like their employees, visitors, merchandisers, and so forth. Failure to comply with the Act’s
requirements might result in forfeitures and possible fines of up to Rs 250 crore. Moving toward
transparency and compliance
The Act is thought to be a major step in the right direction toward resolving the long-standing dispute
over data protection corporations. The complete framework of the Act ensures responsible processing of
digital personal data by imposing reasonable criteria on data fiduciaries and processors. The emphasis
on free and informed concurrence supports citizens’ basic right to sequestration. By enforcing
compliance, corrective action, and warrants when requested, the conformance of a data protection board
enhances the Act. The total efficacy and transparency of the process are enhanced by the Board’s
capacity to function as a digital office, recycling complaints, allocating cases, and rendering decisions in
accordance with techno-legal norms.
CONCLUSION
All things considered, the Act is a step in the right direction toward encouraging transparency in data
practices, safeguarding data sequestration, and paving the way for India’s digital future. further individual
rights The Ministry of Electronics and Information Technology (MeitY) created the Act, which is seen as
progressive legislation affecting enterprises of all sizes and spanning many industries. The Act creates a
crucial balance between protecting the rights of drug users and promoting the creation of innovative
digital businesses.
Among other things, it has the important business-friendly rudiments of facilitating overseas data
transfers and doing away with felonious consequences for opposition. However, it also ensures that data
headliners will have all the rights necessary to establish a future data governance organization that is
accountable and transparent.