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The Digital Personal Data Protection Act, 2023: Consent Illusion And State Overreach – A Constitutional Critique




Aniket Dwivedi, Research Scholar, United University


ABSTRACT


The Digital Personal Data Protection Act of 2023 enables citizens to maintain control over their information by creating standards for handling personal data. The Transparency, accountability and data governance of telecom service providers, mobile application developers and data collection, storage or processing companies is expected to improve considerably with the enacted DPDP Act. Organizations will be compelled to follow this law due to its emphasis on safeguarding the “Right to Privacy,” which means these organizations will have to be responsible for their policies and practices regarding the use of personal information strengthening privacy and data protection. Thus, considering the Digital Personal Data Protection Act, 2023 in terms of the privacy rights of individuals is both important and relevant. Anonymity and confidentiality have become integral parts of the right to privacy. Now more than ever, especially in the contemporary digital age where online interaction is the new norm, this right needs to be protected. The Digital Personal Data Protection Act of 2023 holds great significance as it enables citizens and reinforces their rights by establishing concrete guidelines for handling personal data. Activities like operating mobile apps, or even working as a telecom service provider or a business dealing with individual data, require one to be vigilant, ethical, and responsible. Enhanced transparency and accountability will stem from the proper following of Indian laws. This policy reinforces ethical accountability by safeguarding the “Right to Privacy.” Organizations are now held responsible for their handling of personal information, which enhances individual privacy and data protection. Therefore, analyzing the Digital Personal Data Protection Act, 2023 within the context of privacy rights is both critical and timely.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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