Analysing Digital Personal Data Protection Act, 2023 In The Light Of Privacy Rights As Propounded By Puttaswamy Judgement
- IJLLR Journal
- Apr 14, 2024
- 1 min read
Sahil Singh, B.B.A LL.B. (Hons.), Alliance School of Law, Bangalore
Siddhesh Munghate, B.B.A LL.B. (Hons.), Alliance School of Law, Bangalore
1. Introduction
In the landmark judgement of Justice K.S. Puttaswamy (Retd.) & Anr. vs. Union of India & Ors.1 (2017), also known as the Aadhar case, Supreme Court recognized the right to privacy as the fundamental right under the ambit of Article 212. The case involved the government's implementation of the Aadhaar biometric identification program, and the court's ruling recognized the importance of protecting individual privacy in the digital age. In this case, the Supreme Court directed Parliament to take necessary steps to for a Data Protection law.
After 6 years, on 3rd of August 2023, Digital Personal Data Protection bill was introduced in the Parliament. The bill has been passed by both the houses of Parliament and has been notified in the Official Gazette but not implemented.
The Act will apply to the processing of digital personal data within India where such data is collected online, or collected offline and is digitized. But the key issue with the act is that the State may collect, analyze, and retain data longer than is necessary if there are exemptions from that rule based on factors like national security. The basic right to privacy might be compromised by this.
Personal information that is already available to the public is not protected, information is accessible to the government, and internet services can be blocked. The DPDP Act, 2023 excludes any publicly available personal data that is shared by an individual from protection.
