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Consent, Control, And Compliance: Assessing India’s Digital Personal Data Protection Laws




Shivani, Research Scholar, Desh Bhagat University, Mandi Gobindgarh

Dr. Arti, Assistant Professor, University School of law, Desh Bhagat University, Mandi Gobindgarh

Dr. Avon Kumar Vaid, Principal, Amritsar Law College


ABSTRACT


The Digital Personal Data Protection Act, 2023 (DPDP Act) is a watershed moment in the changing legal environment of India for digital regulation. Passed in response to heightened alarm about data privacy and the Supreme Court's historic ruling in Justice K.S. Puttaswamy v. Union of India (2017), the Act seeks to reconcile the right to privacy with economic and administrative concerns. This research paper critically discusses the DPDP Act conceptually in terms of consent, control, and compliance. It probes into the character of data principal rights, fiduciary duties, and institutional enforcement mechanisms. Comparative analysis with the GDPR and CCPA has been provided to place India's data protection law within the global context. The report highlights critical challenges and provides policy suggestions to enhance the implementation and efficacy of the Act.


Keywords: Digital Personal Data Protection, Consent, Data Privacy, India, Data Fiduciary, Compliance, GDPR, Surveillance, User Rights, Data Governance



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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