DPDP Act, 2023.
Amrita Tiwari – Research Associate, her interest lies in social dimensions of the digital ecosystem.
Host: Welcome to #UnwiringTech, this podcast is a platform where we explore global digital issues. I’m your host, Amrita, and in today’s episode, we delve into the Digital Personal Data Protection Act of 2023, a monumental step in safeguarding individual privacy rights in India.
Host: In this fast-paced digital landscape, the Digital Personal Data Protection Act, 2023, stands as a beacon of hope for protecting our personal information. This groundbreaking legislation recognizes the ever-growing significance of personal data protection and aims to strike a delicate balance between individual rights and an organization’s legitimate data-processing needs.
Host: The primary purpose of the Act is clear: to regulate the processing of digital personal data while respecting individuals’ right to protect their data. It acknowledges the necessity of processing data for lawful purposes, ensuring a win-win situation for both individuals and organizations. What’s more, the Act uses simple and straightforward language, making it accessible to everyone.
Host: The Act sets out to establish a comprehensive legal framework for governing digital personal data protection in India. This is a crucial step forward, given the rapid digitization of various aspects of our lives.
Host: But what exactly does this Act revolve around? Well, it centers on personal data, which is information related to an identified or identifiable individual. Businesses and government entities often process this data to deliver goods and services, customize user experiences, target advertising, and develop recommendations. It can also aid law enforcement. However, unchecked processing of personal data can have adverse implications for individual privacy—a fundamental right. It may subject individuals to harm, such as financial loss, loss of reputation, and profiling.
Host: Interestingly, until now, India did not have a standalone law on data protection. The use of personal data was regulated under the Information Technology Act of 2000. It wasn’t until 2017 that a Committee of Experts on Data Protection was constituted, chaired by Justice B. N. Srikrishna. This committee submitted its report in July 2018, which led to the introduction of the Personal Data Protection Bill, 2019, in Lok Sabha in December 2019.
Host: However, the journey didn’t end there. The Bill underwent further scrutiny, with a Joint Parliamentary Committee submitting its report in December 2021. In August 2022, the Bill was withdrawn from Parliament. And in November 2022, a Draft Bill was released for public consultation. Finally, in August 2023, the Digital Personal Data Protection Bill, 2023, was introduced in Parliament, marking a significant milestone in the realm of data protection.
Host: So, what are the key principles of this Bill? It’s based on seven fundamental principles that ensure the consented, lawful, and transparent use of personal data. These include the principles of purpose limitation, data minimization, data accuracy, storage limitation, reasonable security safeguards, and accountability.
Host: The Bill doesn’t stop there; it introduces innovative features. It’s concise and SARAL, which stands for Simple, Accessible, Rational, and Actionable Law. This means it uses plain language, contains illustrations for clarity, has minimal cross-referencing, and notably, it uses the word “she” instead of “he,” acknowledging women in parliamentary law-making for the first time.
Host: But what about individuals? The Bill doesn’t just focus on organizations; it also empowers individuals with certain rights. These include the right to access information about their personal data, the right to correct and erase data, the right to grievance redressal, and the right to nominate a person to exercise these rights in case of death or incapacity.
Host: The Digital Personal Data Protection Act of 2023 is a monumental step towards securing our digital lives. It strikes a balance between privacy and progress, ensuring that our personal data remains our own, even in this fast-paced digital world.
Host: That’s all for today’s episode of [Your Podcast Name]. Thank you for joining us on this journey through the Digital Personal Data Protection Act of 2023. If you found this episode informative, don’t forget to subscribe and share it with your friends. Stay tuned for more exciting topics in the world of data privacy and protection.