Roadmap for Answer Writing

1. Introduction

• Introduce the Digital Personal Data Protection Act, 2023.
• Briefly explain its significance in the context of data privacy and digital interactions in India.

2. Context of the Digital Personal Data Protection Act, 2023

• Growing Digital Economy and Privacy Concerns: Discuss the rapid expansion of India’s digital economy and the accompanying rise in data breaches.
• Justice B.N. Srikrishna Committee Recommendations (2018): Mention the committee’s report that highlighted the need for comprehensive data protection.
  • Example: Connection to data misuse during events like the 2016 U.S. elections (source: Justice Srikrishna Committee Report).
• Right to Privacy as a Fundamental Right: Reference the Puttaswamy judgment (2017) which recognized privacy rights (source: Supreme Court of India).
• Alignment with Global Standards: Explain the Act’s aim to align with international frameworks like GDPR (source: GDPR legislation).
• Technological Advancements and Pandemic Impact: Discuss how AI advancements and pandemic-driven data collection (e.g., Aarogya Setu app) necessitated the Act.

3. Salient Features of the Digital Personal Data Protection Act, 2023

• Legal Definitions: Outline the clear definitions provided in the Act for personal and sensitive data.
• Empowerment of Individuals: Highlight rights granted to individuals regarding their personal data, such as access and deletion.
• Security Requirements for Data Fiduciaries: Explain the obligation for data fiduciaries to implement security measures.
• Data Protection Officer: Discuss the requirement for appointing Data Protection Officers for compliance oversight.
• Regulatory Authority: Describe the establishment of the Data Protection Board of India to enforce data protection laws.
• Penalties for Non-Compliance: Mention the penalties outlined for violations, including fines up to ₹250 crores.
• Children’s Data Protection: Highlight provisions for the protection of children’s personal data, requiring parental consent.

4. Conclusion

• Summarize the importance of the Digital Personal Data Protection Act, 2023.
• Emphasize its role in safeguarding personal data and promoting trust in the digital economy.

Relevant Facts

1. Growing Digital Economy: India’s digital economy is projected to reach $1 trillion by 2025, increasing the need for effective data protection.
2. Justice B.N. Srikrishna Committee Report: The committee’s report in 2018 recommended a comprehensive legal framework for personal data protection in response to incidents of data misuse, particularly during elections.
3. Puttaswamy Judgement: The Supreme Court ruling in 2017 recognized the right to privacy as a fundamental right, emphasizing the need for protective measures.
4. Global Standards: The Act aims to align with the GDPR, which has set a global benchmark for data protection.
5. Aarogya Setu App: Launched during the COVID-19 pandemic, the app collected vast amounts of personal data, raising significant privacy concerns .

By following this roadmap and utilizing these facts, you can construct a comprehensive answer addressing the context and salient features of the Digital Personal Data Protection Act, 2023.