Data Protection in India: Legal Framework, Challenges, and the Road Ahead
- Author Sittender Kour
- DOI https://ww
- Country : India
- Subject : Law
Keywords : Data Protection, Legal Framework, Digital Economy, DPDPA
Abstract
The growth of India’s digital economy is contributing to massive data collection across different industries which poses significant risks concerning privacy and data misuse. The Supreme Court of India’s landmark ruling acknowledged privacy to be a fundamental right, leading to the requirement of effective legislation concerning data protection. The DPDPA, or Digital Personal Data Protection Act of 2023, (Hereinafter, DPDPA, 2023), marks an important milestone in Indian law due to the regulations it seeks to impose on the processing of data. In particular, it attempts to safeguard the rights of users while also enforcing responsibility on data controllers or fiduciaries. This research attempts to detail the trajectory of evolution of data protection legislation in India, evaluate the key provisions and scope of the DPDPA, and measure it against other international legislations, specifically the European Union’s General Data Protection Regulation (Herein after GDPR). In addition, it has identified the absence of autonomy in the control and independence of data subjects, secondary data use for global cross-border flows, and data subject’s rights. After analyzing the contexts of data subject rights, these research findings emphasize the need to adopt best international practices and establish domestic policies to resolve under-regulation and over-regulation dilemmas. It is concluded that while the DPDPA represents a proactive step, without institutional changes and alignment with other international standards to strategic policies these reforms will not achieve effective data governance.
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