The Growing Importance Of Data Protection In Public International Law: With Respect To DPDP In India And GDPR In EU

Manishka Seal, Amity University, Kolkata

Sakshi Nair, Amity University, Kolkata

Zairak Hussain, Amity University, Kolkata

ABSTRACT

The use of personal data has increased over the years on various global platforms and for various purposes, particularly online transactions. Hence, the need for robust legal protection of personal data has also increased over time. This paper has analyzed the scope of data protection in the field of public international law, with reference to Digital Personal Data Protection Act (DPDP), 2023 in India and General Data Protection Regulation (GDPR) in European Union. It first examines how similar matters have been discussed in both the laws and makes an attempt to analyze the effectiveness of DPDP, in comparison with GDPR. It then points out the lacunae in the DPDP Act. The paper then goes on to analyze if, in the name of national security, government surveillance can be viewed as a threat to our personal data under DPDP Act. Additionally, particular suggestions have been made in this regard.

Keywords: data protection, personal data, security, sensitive data, rights.