Digital Personal Data Protection Act, 2023: A Constitutional And Comparative Analysis
- IJLLR Journal
- Feb 27
- 2 min read
Altamash Farahat, Vishwakarma University, Pune
1. Introduction
Digital transformation has changed how people interact with both markets and government entities. The modern digital economy treats personal data as both a valuable economic resource and a tool for administrative efficiency while exposing citizens to various constitutional rights violations. India has become a global leader in internet usage while experiencing rapid expansion of its digital payment systems and biometric identification networks and e- governance platforms and fintech ecosystems and artificial intelligence solutions. The rapid growth of data-dependent technologies has increased public apprehension about three main areas which include surveillance activities and their associated profiling techniques and the wrongful use of confidential information.
People now consider privacy protection as a basic constitutional right because personal data has become vital for contemporary society. The current digital environment allows continuous collection and storage of personal data which used to be limited to direct information exchanges during earlier time periods. Data breaches together with unauthorized disclosures have resulted in identity theft and reputational harm and financial exploitation of individuals. The creation of state-operated data collection systems results in major difficulties because they enable surveillance operations while lacking proper democratic oversight mechanisms.
India did not establish complete legal regulations for personal data protection until multiple years passed. The main regulatory protections of the country derived from the Information Technology Act of 2000 and its accompanying regulations which included Section 43A and the Sensitive Personal Data or Information Rules of 2011. The legal provisions implemented between these two points contained two main limitations because they focused on certain outcomes and failed to establish complete legal rights for people and create a regulatory body with complete enforcement authority. The legal provisions implemented between these two points contained two main limitations because they focused on certain outcomes and failed to establish complete legal rights for people and create a regulatory body with complete enforcement authority.
