Strengthening Digital Privacy: Introducing India’s Digital Personal Data Protection Act of 2023

14 August 2023 | Expedien

The Digital Personal Data Protection Act of 2023 in India unfolds a ground-breaking legislative endeavour aimed at ensuring the security of individuals' personal data in this digital age. As India enters in the digital era hence safeguarding personal information has become of crucial importance.

 Introducing India's Digital Personal Data Protection Act of 2023

Key Components and Objectives:

The Act encompasses a wide range of provisions designed to ensure thorough data protection:

  • Data Localization: Specific categories of personal data are required to be stored and processed exclusively within India.
  • Consent Framework: A system is established to obtain well-informed consent for data processing activities.
  • Data Minimization: Data handlers are encouraged to collect only essential data necessary for specific purposes which reduces data exposure.
  • Data Rights: The Act affirms individuals' rights to access, correct, erase and transfer their personal data.
  • Data Protection Authority: An independent body is established to enforce the Act, investigate breaches and impose penalties.

Implications for Businesses and Individuals:

The Act holds significant implications for different type of entities:

  • Businesses: Organizations are mandated to incorporate privacy-centric design principles that enforce stringent data protection measures and conduct data impact assessments in order to maintain comprehensive records of processing activities.
  • Individuals: The Act grants individuals greater control over their personal data which enables well-informed decisions about its use.

Data Localization and Cross-Border Data Transfer:

The Act's introduction of data localization requirements for sensitive personal data emphasize over the commitment to keep such information within Indian borders. Cross-border data transfers are governed by specific conditions which ensure data security and confidentiality.

Consent and Transparency:

The Act emphasizes the importance of obtaining valid consent for data processing.

Conclusion:

The Digital Personal Data Protection Act of 2023 is a major milestone in India’s Digital Journey. The Act aims to establish safe technological progress with the protection of individual rights.

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