Behind The Veil: State Powers And The Disguised Surveillance Regime In DPDPA 2023
- IJLLR Journal
- 13 hours ago
- 2 min read
Amit Kumar Padhy, Research Scholar at National Law University, Nagpur
ABSTRACT
The Digital Personal Data Protection Act, 2023 (DPDPA) is an important milestone in India’s data governance strategy, instituting an extensive framework for the regulation of personal data processing. The Act fundamentally acknowledges conflicting priorities - individual privacy rights in relation to legitimate state functions. Section 17(2)(a) of the DPDPA authorises the Central Government to exclude State instrumentalities from fundamental compliance requirements when data processing is considered vital for maintaining national sovereignty, integrity, security, amicable international relations, or public order. This exemption, supported by supplementary delegated authorities, enables the government to circumvent obligations such as notification, consent, and specific transparency responsibilities, ostensibly to avert disruption of essential state functions. Nonetheless, these exemptions provoke significant enquiries: Do they compromise the Act’s declared dedication to personal autonomy and informational self-determination? Are the powers proportionality adequately protected by substantive and procedural safeguards? The exemptions are contingent upon the restrictions outlined in the Draft Rules of the Act, which restrict the data processed to what is necessary and require appropriate security measures; however, the breadth and discretionary authority remain extensive. Moreover, the Act exempts State bodies from obligatory deletion and retention constraints, diverging from international privacy standards. This article examines whether these exclusions create a potentially imbalanced framework that favours state interests over citizen rights, and evaluates the adequacy of the integrated legal, policy, and operational safeguards. It eventually examines how India’s developing data protection framework reconciles the conflicts between strong governmental authority and an efficient, rights-oriented data privacy structure, referencing international norms and constitutional principles. The analysis aims to enhance the understanding of governmental authority under DPDPA, assessing its validity, need, and accountability within India’s democratic framework.
Keywords: DPDPA, State Exemption, Surveillance, Public Order, Safeguards
