Critical Analysis Of The Digital Personal Data Protection Act, 2023
- IJLLR Journal
- May 8
- 1 min read
Anurag Sourot, Asian Law College, Noida
Deepali Kushwaha, Asian Law College, Noida
ABSTRACT
The article critically analyses the Digital Personal Data Protection Act, 2023, tracing its inception from pivotal historical cases like MP Sharma v. Satish Chandra (1954) to landmark decisions such as K.S. Puttaswamy v. UoI and subsequent developments. It examines the legislative trajectory of the act, commencing from the setup of Justice B. N. Shrikishna Committee to the passing of DPDP Bill 2023 by both the houses of Parliament. The Article explores rights and principles, compliance obligations, regulatory enforcement under The DPDP Act and shedding light on its profound implications for data processing and privacy practices. Additionally, delves into cross-border data transfer, including the contentious issue of data localization and their reverberations on global data flows and national sovereignty. By drawing comparisons between GDPR and DPDP Act, the article discerns the strength and weaknesses. It consequently culminates in a critical assessment of the Act, with regards to the suggestion put forth by Joint Parliamentary Committee (JPC) in its report, following to which a set of prospective recommendations has been proffered, which could be deliberated upon to facilitate efficacious attainment of rights and uphold democratic governance.
