In today’s digital age, securing personal data and information has become challenging not only for individuals but also for governments. The Digital Personal Data Protection (DPDP) Act 2023 is a law formed by the Government of India to protect the privacy of individuals.
Applicable within the territory of India, the Act also applies to processing digital personal data outside the territory of India, if such processing is in connection with any activity related to the offering of goods or services to Data Principals within the territory of India.
The DPDP Act 2023 is not applicable to personal data processed by an individual for any personal or domestic purpose; and personal data that is made or caused to be made publicly available by the Data Principal to whom such personal data relates; or any other person who is under an obligation under any law for the time being in force in India to make such personal data publicly available, according to the Ministry of Law and Justice Gazette of India.
The rules of the DPDP Act are expected to be notified soon. Meanwhile, here is what you need to know about the law; a basic overview, terms, features, rights, duties, jurisdiction and more. (2)#DataProtection
— Shubham S. Bhakuni (@bhk_shubham) October 25, 2024
Terms:
— Shubham S. Bhakuni (@bhk_shubham) October 25, 2024
1. Data principle – individuals generating data
2. D Fiduciary – the one who stores and processes data
3. D Sovereignty – Jurisdiction over data – MNCs to follow territorial law
4. D Localisation – Storing data locally (4)#DataBill
Rights of data principle –
— Shubham S. Bhakuni (@bhk_shubham) October 25, 2024
1. To know the status of data collected/processed
2. Can erase the data
3. Nominee for data in case of death of data principle
4. Grievance redressal provisions (6)#Digital #digitalrights
Obligation of data fiduciary
— Shubham S. Bhakuni (@bhk_shubham) October 25, 2024
1. In case of a data breach/hack, inform the data principle
2. Inform the data protection board
3. Erase the data once the purpose of the data is completed
4. Govt. enjoys exemption in 3rd case (erasing data) (8)#Hacking #DataProtection
Exemption:
— Shubham S. Bhakuni (@bhk_shubham) October 25, 2024
In case of investigation by GOI against data principle or fiduciary; the rights cannot be claimed. It violates Right to privacy, & the doctrine of proportionality invoked by SC in Puttaswamy case. (10)#DataBill #right
DPDP is the first comprehensive data law in India. Many features are similar to EU's #GDPR and have some flaws too; like cross-border transfer of data, limited right to be forgotten and exemption to governments (ends…)
— Shubham S. Bhakuni (@bhk_shubham) October 25, 2024
The DPDP Act can be a significant step towards data protection in India. It can foster a secure and trustworthy environment for citizens of the country as well as businesses and the government.
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