THE LEGAL FRAMEWORK FOR DATA PROTECTION IN INDIA: A CRITICAL ANALYSIS OF THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023
Pooja Mahla
Research Scholar, Department of Law, Kurukshetra University, Kurukshetra
Abstract
The increasing digitization of personal data in India has raised urgent concerns about privacy, surveillance, and data misuse. The Digital Personal Data Protection Act, 2023 (DPDP Act) is India’s first comprehensive legislation aimed at regulating the processing of digital personal data and safeguarding the rights of individuals in the digital age. This research paper critically examines the legal framework introduced by the Act, evaluating its key provisions, strengths, and shortcomings in the context of constitutional privacy guarantees and global data protection standards such as the European Union’s General Data Protection Regulation (GDPR).
Through a combination of doctrinal analysis and policy evaluation, the paper identifies the key implementation challenges—including regulatory readiness, business compliance, and public awareness—and provides recommendations for enhancing the law’s effectiveness. It concludes that while the DPDP Act is a significant step forward, its success depends on continued legal reform, robust oversight, and an informed citizenry to ensure that privacy rights are meaningfully protected in India’s digital landscape
Keywords: Digital Personal Data Protection Act, Data Privacy, Fundamental Rights, Data Fiduciary, Surveillance, Consent, Data Protection Board
Journal Name :
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EPRA International Journal of Multidisciplinary Research (IJMR)
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Published on : 2025-05-20
Vol | : | 11 |
Issue | : | 5 |
Month | : | May |
Year | : | 2025 |