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.