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Data Protection In India: The New Data Protection Act Of 2023




Daksh Saini, O.P Jindal Global University


ABSTRACT


India is a country with a long history of technology relating to data. It will be the central government which will shape how India's technology relates to data will prevail in India. The Act of 2023 will be a revolutionary step towards digital data protection of citizens however this will adversely impact corporate firms who will need to create new policies and spend money in restructuring their methods of collecting, storing, and using data.


A. Introduction


After the judgement of Justice K.S. Puttaswamy (Retd) vs. Union of India where the Supreme Court established that the right to privacy is a fundamental right under Article 21 of the Indian Constitution and the court also held that whenever the right to privacy is invaded by the government there should be judicial review1, The Government of India has finally introduced The Digital Personal Data Protection Act 2023 (hereafter referred to as Act 2023). Act 2023 has been passed after six years since the government first introduced the draft of the personal data protection bill in 20182. The Act 2023 is the second version of Personal Data Privacy which was introduced in the Parliament and fourth overall.

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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​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.

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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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