India Enacts Digital Personal Data Protection Bill 2023, Empowering Users' Data Rights - Kruthiga V S

President Droupadi Murmu has given her assent to the Digital Personal Data Protection (DPDP) Bill 2023. This milestone has been eagerly awaited, with experts underscoring the forthcoming rules that will play a pivotal role in endowing Indian users with control over their personal data vis-à-vis Big Tech’s practices. The bill secured approval from the Lok Sabha on August 7 and later from the Rajya Sabha on August 9, paving the way for the initiation of the rule-making process by the government.

The DPDP Act is set to crystallize the obligations incumbent upon Big Tech and data fiduciaries at large, in their pursuit of respecting users’ privacy rights and their authority over personal data. A key facet of this enactment is the transparent disclosure of data processing purposes, alongside the acquisition of explicit user consent, which can subsequently be withdrawn. Harsh Walia, Partner at Khaitan & Co., emphasized this pivotal aspect, noting that users will also possess the prerogative to request the erasure of their data.

An essential principle within this legislation is data minimization, dictating the collection of only essential personal data in alignment with designated objectives. The law is also anticipated to encompass stringent measures around cross-border data transfers to specified locales. Furthermore, heightened regulations concerning data security protocols are on the horizon. Notably, the DPDP Act bolsters the grievance and adjudication process, supplementing it with robust penalties for any infringements committed by data fiduciaries, as highlighted by Walia.

The efficacy of the data protection law hinges on the subsequent formulation and implementation of new rules. Of particular import is the coexistence of the existing IT rules alongside the impending ones. Additionally, the practical framework for addressing grievances from the general populace concerning foreign tech companies underlines the importance of effective execution. Virag Gupta, a distinguished Supreme Court lawyer and cyber law expert, acknowledged these considerations.

Underlining a broader societal and economic impact, Gupta accentuated that the prohibition of illegal data businesses and the potential tax collection from such endeavors can fortify both sectors. This move aligns with the law’s emphasis on responsible data practices and lawful data utilization.

In conclusion, the enactment of the Digital Personal Data Protection Bill 2023 in India signifies a momentous step toward safeguarding individuals’ data rights and privacy. As the nation ushers in a new era of digital data governance, the practical application of the law’s provisions, formulation of additional rules, and their effective execution will collectively shape the success and impact of this groundbreaking legislation.

Source: IANS

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