Implementation Challenges Of The Digital Personal Data Protection Act, 2023 In India: A Critical Analysis
- IJLLR Journal
- 2 hours ago
- 1 min read
Shaily Agrawal, Research Scholar (Law), Jagran Lakecity University
Dr. Yash Tiwari, Associate Professor (Law), Jagran Lakecity University
ABSTRACT
India's data protection laws underwent significant transformation after the Indian Constitution declared that the right to privacy is a fundamental right. The Digital Personal Data Protection Act, 2023 (DPDP Act) was enacted by India as the first comprehensive law protecting personal data considering the rapid digitization and massive processing of data conducted by both public and commercial stakeholders. The Act marks an important milestone in the legal mechanism, but its efficacy depends on the way it is implemented, institutional capacity, and effective compliance. This paper examines primary issues associated with implementing the DPDP Act, such as its constraints in the workplace, consent fatigue, enforcement mechanisms, state exemptions, cross-border data transfers, and the general population's lack of awareness. The article argues that the DPDP Act runs the risk of being nothing besides a symbolic framework until it resolves the structural and operational defects, making short comparisons with the European Union's (EU) General Data Protection Regulation (GDPR). In this study, doctrinal and comparison methods are followed to provide specific recommendations for enhancing the enforcement of the DPDP Act aligning with global digital environment.
Keywords: DPDP Act, Data Privacy, GDPR, Implementation Challenges, Data Protection Board.
