UPSC Previous Year Question | Mains GS3 | 2024

Describe the context and salient features of the Digital Personal Data Protection Act, 2023. (Answer in 150 words)

Answer

Introduction

Introduction

The DPDP Act, 2023 responds to digitisation, privacy jurisprudence and the need to regulate processing of digital personal data in India.

Analysis

Salient features

  • It regulates digital personal data processing, creates data-principal rights and places duties on data fiduciaries.
  • Consent must be informed and withdrawable; legitimate uses are specified, with safeguards for children and significant data fiduciaries.
  • The Data Protection Board can inquire into breaches and impose monetary penalties; grievance mechanisms and cross-border rules are provided.

Concerns

Exemptions, State access, limited correction or deletion architecture, independence of the Board and enforcement capacity require careful rules. Strong security, transparency, purpose limitation and an independent regulator are essential.

Keywords

Keywords: data principal, data fiduciary, consent, significant fiduciary, Data Protection Board.

Topics: data governance, dpdp act 2023, privacy, science and technology