A DAWN OF A NEW ERA FOR DATA PROTECTION IN INDIA: AN IN[1]DEPTH ANALYSIS OF THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023
INTRODUCTION
India has ushered in a new era in the context of data protection. Thus far, we have had to rely on the Information Technology Act, 2000 (“IT Act”) and Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (“SPDI Rules”) as the only legislations for the interpretation of all things data-related. However, there were various limitations to these laws, and in a digital age where concerns about one’s personal data are on the rise, the arrival of the Digital Personal Data Protection Act, 2023 provides much relief.
While 2017 gave a glimpse of what the future of privacy looked like with the historic Justice K. S. Puttaswamy v. Union of India case decided by the Supreme Court of India,[1] the country lacked a comprehensive and updated legislation that could be relied upon for interpreting cases involving data protection. What India did not have, and sorely missed, was an equivalent to the General Data Protection Regulation (“GDPR”) of the European Union.
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