Digital Personal Data Protection: The Role Of Government In Data Protection
- IJLLR Journal
- Apr 19
- 1 min read
Updated: Apr 19
Tushar Tiwari, Uttaranchal University/Law College Dehradun
Dr. Bhawna Arora, Associate Professor, Law College Dehradun
Introduction
India, one of the world's largest digital economies, operated without a dedicated data protection framework until 2023. The Digital Personal Data Protection Act 2023 changed this by establishing the country's first complete regime that safeguards personal data in the digital realm.
The landmark legislation emerged after more than five years of discussions and marked a major development in India's data protection laws. It takes inspiration from global data privacy laws like GDPR and introduces substantial compliance measures. Organizations face penalties up to INR 250 Crores for serious violations. The complete framework protects people's digital personal data and sets clear guidelines for its collection, processing, and storage.
This piece explores how the government shaped India's data protection scene. We'll look at the Act's main provisions, enforcement mechanisms, and what it means for citizens and organizations that process personal data.
Evolution of Data Protection Laws in India
India's data protection story shows how judicial decisions, laws, and expert recommendations have shaped today's framework. This progress reflects how the nation increasingly values digital privacy rights in our data-driven world.
The Justice K.S. Puttaswamy Judgment (2017): Privacy Becomes a Fundamental Right
A defining moment in India's data protection scene arrived on August 24, 2017. A nine-judge bench of the Supreme Court unanimously recognized privacy as a fundamental right in the landmark Justice K.S. Puttaswamy v. Union of India case [1]. This historic verdict proved that the right to privacy exists under Articles 14, 19, and 21 of India's Constitution as an essential part of the right to life and personal liberty [1].
