The Digital Personal Data Protection Bill 2023: Safeguarding Privacy in the Digital Age

The Digital Personal Data Protection bill 2023 (DPDP, डिजिटल पर्सनल डेटा प्रोटेक्शन बिल, Govt of India, Ministry of Law and Justice, digital personal data protection bill 2023 pdf, digital personal data protection bill upsc, data protection bill 2023 news, data protection bill 2023 rajya sabha, data protection bill 2023 lok sabha, dpdp bill 2023, IAS, Gazette Notification)

The President of India Droupadi Murmu has given her assent to the “The Digital Personal Data Protection bill 2023” on 11th Aug 2023 which was introduced in Lok Sabha on 03rd Aug 2023 under the Ministry of Law and Justice and passed by Lok Sabha on 07th of Aug 2023 and Rajya Sabha on 9th Aug 2023 in context to protect the privacy of an individual. The personal data of an individual/identifiable individual/Businesses or Govt entities can be used for targeted advertisement, recommendations or any kind of customization and may create financial loss or loss of reputation. The bill recognizes the individual rights of personal data protection and lawful process of the same.

Understanding the Core Tenets:

The Digital Personal Data Protection Bill 2023 encompasses a range of key provisions that underscore its commitment to safeguarding digital personal data. These provisions include:

1. Data Fiduciaries: Responsibilities and Accountability

The bill places significant responsibilities on Data Fiduciaries, outlining their obligations in processing personal data. This ensures that data handling is conducted in a transparent and accountable manner.

2. Data Principals: Rights and Duties

Recognizing the rights of Data Principals is a central facet of the bill. It delineates the rights of individuals over their personal data and outlines the duties of entities entrusted with processing such data.

3. Imposing Fines and Penalties

The bill introduces a system of fines and penalties if there is a breach of rights, duties and obligations.

The provisions of the Digital Personal Data Protection Bill 2023 are extensive and encompass a wide range of scenarios:

• Apply to the processing of digital personal data within the territory of India where the personal data is collected–– a. In digital form , b.In non-digital form and digitized subsequently
• It applies on processing of digital personal data outside the territory of India, if such processing is in connection with any activity related to offering of goods or services to Data Principals within the territory of India.

The provisions of this Digital Personal Data Protection bill doesn’t apply on:

A. Personal data processed by an individual for any personal or domestic purpose.

B. Personal data that is made or caused to be made publicly available by: –

1. The Data Principal to whom such personal data relates
2. Person who is under an obligation under any law being in force in India to make such data publicly available.

The Digital Personal Data Protection Bill 2023 rests on seven foundational principles:

• Consent, Lawfulness, and Transparency

The bill underscores the importance of obtaining informed and transparent consent for data processing, ensuring that individuals are aware of how their data will be used.

• Purpose Limitation

Data can only be used for the purpose specified at the time of obtaining consent from the Data Principal, thereby preventing misuse.

• Data Minimization

The principle of data minimization ensures that only the minimum necessary data is collected to fulfill the specified purpose.

• Data Accuracy

Entities processing data are obligated to ensure that the data is accurate, updated, and free from errors.

• Storage Limitation

Data should only be stored for the duration it is needed for the specified purpose, promoting efficient data management.

• Security Safeguards

Robust security measures are imperative to protect data from breaches and unauthorized access.

• Accountability

The bill establishes mechanisms to hold entities accountable for breaches and non-compliance through adjudication and penalties

Empowering Individuals: Rights and Obligations:

The Digital Personal Data Protection Bill 2023 empowers individuals with a range of rights:

1. The right to access information about personal data processed
2. The right to correction and erasure of data
3. The right to grievance redressal
4. The right to nominate a person to exercise rights in case of death or incapacity

The Digital Personal Data Protection bill provides for following obligations on the data fiduciary:

1. To have security safeguards to prevent personal data breach
2. To intimate personal data breaches to the affected Data Principal and the Data Protection Board
3. To erase personal data when it is no longer needed for the specified purpose
4. To erase personal data upon withdrawal of consent
5. To have in place grievance redressal system and an officer to respond to queries from Data Principals
6. To fulfill certain additional obligations in respect of Data Fiduciaries notified as Significant Data Fiduciaries, such as appointing a data auditor and conducting periodic Data Protection Impact Assessment to ensure higher degree of data protection

Exemptions for Specific Cases:

The Digital Personal Data Protection Bill 2023 introduces exemptions for certain scenarios, including:

1. Notified Agencies

Certain agencies may be exempted from compliance in cases concerning security, sovereignty, public order, and more.

• Research and Statistical Purposes

Data processing for research, archiving, or statistical purposes is granted exemptions under the bill.

• Startups and Notified Categories

Certain categories of Data Fiduciaries, including startups, may enjoy exemptions under specific circumstances.

• Legal Enforcement

Exemptions are granted for enforcing legal rights and claims, performing judicial or regulatory functions, and preventing, detecting, investigating, or prosecuting offenses.

Frequently Asked Questions (FAQs):

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