Re-Thinking Data Localisation In India: Gaps In The Digital Personal Data Protection Act, 2023

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Khushi Sharma, Christ (Deemed to be University), Delhi NCR

ABSTRACT

This paper examines the evolution and need for Data Privacy in India, recognizing data as the new Oil, which significantly impacts the lives of individuals across the country. With the increasing reliance on data, efficient legislation addressing data privacy concerns has become imperative. The paper traces the evolution of data privacy through case laws and a comprehensive analysis of the legal framework in India, while comparing it with globally renowned legislations such as the General Data Protection Regulation (GDPR). It thoroughly examines the GDPR and respected legislations of various jurisdictions to study diverse approaches on the topic. It elucidates key principles such as transparency in data collection, processing, and storage, as well as accountability and ethical handling of data.

Additionally, the paper explores the emerging issues of Data Localization and cross-border data transfers, highlighting their potential benefits and challenges. It further proposes recommendations for strengthening India's data privacy framework to better align with global standards while addressing the unique challenges faced by the nation. In conclusion, the paper critically analyzes the existing loopholes in current data privacy legislation, the importance of transparency and user consent, and evaluates Data Localization as a policy in India, offering insights into its future implications.

Keywords: Privacy, Localization, Encryption, Consent, Legislation

RE-THINKING DATA LOCALISATION IN INDIA- GAPS IN THE DIGITAL PERSONAL DATA PROTECTION ACT, .

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