The Digital Personal Data Protection Act 2023 (DPDP 2023), enacted in August 2023, represents a critical evolution in India's data protection framework, aligning it with leading global standards. As digital interactions proliferate, the Act establishes rigorous requirements for the collection, processing, and storage of personal data, prioritizing the protection of individual privacy rights.
Core principle of the DPDP 2023 is the requirement for explicit and informed consent from the data principal - the individual whose data is being processed. The Act stipulates that such consent must be clear, specific, and capable of being withdrawn at any time, thereby empowering individuals with substantial control over their personal information. The Act also imposes severe penalties for non-compliance, underscoring the importance of adherence to its provisions. Organizations found in violation may face substantial fines, compelling them to implement robust data protection measures.
Further, DPDP 2023 restricts the use of personal data for profiling, especially in matters concerning national security, thereby safeguarding against potential abuses under the pretext of security.
In comparison with international standards, particularly the European Union’s GDPR, DPDP 2023 positions India’s legal framework at par with the most stringent global data protection regimes. This Act fortifies India's commitment to upholding privacy rights while facilitating legitimate data processing in a digital economy, establishing a secure and trusted environment for data governance.