Comparative Analysis Of Data Protection Laws In India And USA
- IJLLR Journal
- Mar 27
- 1 min read
Neha Yadav, AIALS, Amity University, Noida
ABSTRACT
This paper performs comparative research on India and the United States regarding data protection regimes presented in the dynamic digital ecosystem environment. The personal data is one of the assets with the blistering development of digital technologies, and it is also a matter of concern because of the issues of privacy, security, and misuse. This paper considers the legal contexts of the two countries in terms of data protection, i.e., the Digital Personal Data Protection Act of 2023 in India and the sectoral and fragmented strategy in the United States. It examines the most important features including territorial coverage, nature of data, applicability to the government and other foreign parties, data protection principles, rights of the data subjects, enforcement of the same, and the consent models. The paper indicates that although India is on the path of adopting a comprehensive, centralized framework based on the constitutional principles of privacy, the United States still refers to the model that is decentralized and sector-specific and provides flexibility, but not uniformity. The study also finds several important distinctions in the enforcement principles, personal rights, and the philosophy of the regulation and the existence of common issues, including the need to strike a balance between innovation and safeguarding privacy. It has been concluded in the paper that as a developing country with a formative stage, India can adopt the experience of the United States, one of the developed countries, and elaborate a more robust, transparent, and rightsbased data protection regime relevant to the Indian constitutional and social-economic conditions.
Keywords: Data Protection, Digital Privacy, Personal Data, Information Privacy, Data Security, Consent Models
