AASTHA NARULA

ASSISTANT PROFESSOR, DEPARTMENT OF LAW, MAHARAJA AGRASEN INSTITUTE OF MANAGEMENT STUDIES, NEW DELHI

Abstract

The Digital Personal Data Protection Act, 2023 replaced the Personal Data Protection Act (PDP), which was initially proposed in 2019 and was finally passed by Rajya Sabha on 9 August 2023 by voice vote. A preliminary examination reveals that the Act regulates processing, which covers the gathering and storing of personal data as well as its modification, dissemination, removal, and destruction. The DPDP Act also establishes a compliance framework, including the formation of a Data Protection Board. The creation and use of systems for data transfer between devices has increased the need for updated data protection and privacy laws both internationally and in India. The Puttaswamy case in 2017 led to the acceptance of privacy as a fundamental right under Article 21 despite the absence of an official definition in the Indian Constitution. A concise yet comprehensive account of India’s data protection laws, developments, and case laws are discussed in this paper. This paper also looks at India’s IT Act, which controls data privacy, and it paints a picture of why data privacy has to be protected.

Keywords: Data Privacy, Fundamental Rights, Indian Constitution, Data Protection.