Commentary on the Digital Personal Data Protection Act, 2023

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Description
Data protection law is the first of its kind in India and involves the creation of an entirely new regulatory framework for the purpose of protection of a person's privacy from unwarranted invasion. The law is a mix of technological aspect of information and legal aspect of information processing. There is privacy in relation to information. The notion of privacy derives from the assumption that all information about a person is in a fundamental way his his own, for him to communicate or retain for himself as he sees fit. This core of informational privacy is a right to autonomy and self-determination in respect of one's personal data. The objective of the Digital Personal Data Protection Act, 2023 is to provide for protection of the privacy of individuals relating to their personal data, specify the flow and usage of personal data, create a relationship of trust between persons and entities processing the personal data, protect the rights of individuals whose personal data are processed based on the privacy principles such as notice, consent, collection limitation, use limitation, access and corrections, and security/safeguards, to create a framework for organisational and technical measures in processing of data, laying down norms for social media intermediary, cross-border transfer, accountability of entities processing personal data, remedies for unauthorised and harmful processing, and to establish a Data Protection Board of India for the said purposes. The Act is limited to computer data (digital data) because the computer posed a unique threat to individual privacy through their ability to store, link and manipulate large amount of data. Protection is also limited to living individuals, excluding the data protection claims of legal persons.
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Contents
1. Introductory
2. Data, Personal Data and Data Protection Right
3. Representation in Digital Form- Digital Technology
4. Information- Information Technology and Software Technology
5.Personal Data Processing and Internet Technology
6. Scope of the Act
7. Data Fiduciary-Obligations
8. Data Principal- Rights and Duties
9. Processing of Personal data exemptions
10. Data Protection Board of India
11. Appeal and Alternate Dispute Resolution
12. Penalties
13. Protection of Action taken in good faith
14. Consistency act with other laws
15. Bar of Jurisdiction of Civil Court
16. Rules, Removal of Difficulties, calling information, issuing directions
17. Interpretative Principles
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Author Details
D.P Mittal