FIGHTING CYBER ATTACKS

VAISHALI BASU SHARMA explains how India is fortifying the Digital Ecosystem Through the Digital Personal Data Protection Act

- VAISHALI BASU SHARMA

Intended to bring a paradigm shift in the way platforms handle citizen's user data, the Digital Personal Data Protection (DPDP) Bill of 2022 officially became the Digital Personal Data Protection Act of 2023 after receiving swift approval from both houses of the Indian Parliament and obtaining the President's assent on August 11, 2023, thus bringing to a close a five-year process to enact an omnibus data privacy law in India.

One of the most important pieces of legislation in the history of India, it is described as, "An Act to provide for the processing of digital personal data in a manner that recognises both the right of individuals to protect their personal data and the need to process such personal data for lawful purposes and for matters connected therewith or incidental thereto." (Official Gazette notification by the Government of India-DPDP Act; Accessed at https://www.meity.gov.in) At its core the DPDP Act seeks to ensure that entities operating within India, including internet companies, mobile apps, and businesses involved in the collection, storage, and processing of citizens' data operate transparently, and are answerable when it comes to handling personal data, thus prioritising the privacy and data protection rights of Indian citizens. Personal data will be included and processed only with explicit consent from the individual unless specific circumstances about national security, law, and order require otherwise.

The provision of issuing notifications for every section of the Act, before implementation, is being processed at the moment. Once completed, the Act will come into force.