Roadmap for Answer Writing 1. Introduction Briefly introduce the four Labour Codes: Code on Wages, Industrial Relations Code, Code on Social Security, and Occupational Safety, Health, and Working Conditions Code. State the purpose of these reforms in the context of India’s labour market. 2. ...
Model Answer Introduction The Digital Personal Data Protection Act, 2023 is a significant advancement in India's data privacy landscape, aimed at safeguarding personal information amid the rapid growth of the digital economy. Growing Digital Economy: As India’s digital economy expands, instances ofRead more
Model Answer
Introduction
The Digital Personal Data Protection Act, 2023 is a significant advancement in India’s data privacy landscape, aimed at safeguarding personal information amid the rapid growth of the digital economy.
- Growing Digital Economy: As India’s digital economy expands, instances of high-profile data breaches have raised serious privacy concerns regarding data management.
- Justice B.N. Srikrishna Committee Recommendations (2018): The committee highlighted the need for comprehensive data protection regulations, especially after the misuse of personal data during elections, such as the 2016 U.S. elections, which drew global scrutiny.
- Right to Privacy: The landmark Puttaswamy judgment (2017) recognized the right to privacy as a fundamental right, driven by unauthorized surveillance incidents.
- Alignment with Global Standards: The Act seeks to align with international data protection standards, particularly in light of the General Data Protection Regulation (GDPR) in the EU.
- Technological Advancements: Rapid developments in AI and data analytics have raised privacy concerns, necessitating robust regulations to protect individuals.
- Pandemic-Driven Data Collection: The COVID-19 pandemic, exemplified by the Aarogya Setu app, led to increased data collection, igniting debates about privacy and data security.
Salient Features of the Digital Personal Data Protection Act, 2023
- Legal Definitions: The Act provides clear definitions for personal and sensitive personal data, establishing specific categories requiring different protection levels.
- Empowerment of Individuals: Individuals have rights over their personal data, including access, correction, and deletion, promoting transparency and user control.
- Security Practices: Data fiduciaries must implement robust security measures, such as encryption and anonymization, to protect personal data.
- Data Protection Officer: The appointment of Data Protection Officers is mandated to oversee compliance and safeguard data.
- Regulatory Authority: The establishment of the Data Protection Board of India will regulate and enforce data protection laws, addressing complaints about violations.
- Penalties for Non-Compliance: The Act prescribes stringent penalties for violations, with fines up to ₹250 crores for severe breaches, ensuring accountability.
- Protection of Children’s Data: Specific provisions require verifiable parental consent for processing children’s data, reinforcing protections for minors.
Conclusion
The Digital Personal Data Protection Act, 2023, establishes a robust framework for data protection, promoting trust and innovation in India’s digital economy while safeguarding individual rights in the face of technological advancements.
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Model Answer Introduction The four Labour Codes—Code on Wages, Industrial Relations Code, Code on Social Security, and Occupational Safety, Health, and Working Conditions Code—represent a significant reform in India's labour market, aiming to simplify and consolidate existing laws. Merits of the LabRead more
Model Answer
Introduction
The four Labour Codes—Code on Wages, Industrial Relations Code, Code on Social Security, and Occupational Safety, Health, and Working Conditions Code—represent a significant reform in India’s labour market, aiming to simplify and consolidate existing laws.
Merits of the Labour Codes
Demerits of the Labour Codes
Progress So Far
The implementation of the Labour Codes has faced delays, primarily due to the pandemic and resistance from trade unions. As of 2023, many states have not finalized the necessary rules, although some, like Gujarat, have made progress in notifying aspects of the Codes . The government continues to engage in tripartite consultations to address concerns and establish social security boards for gig workers .
Conclusion
While the Labour Codes have the potential to streamline India’s labour laws and enhance worker protections, their success will depend on effective implementation and addressing the concerns of various stakeholders.
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