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A Critical Analysis Of Data Protection And Privacy Laws In India: Navigating The Transition From The Information Technology Act To The Digital Personal Data Protection Act, 2023




Janak Patel, SVKM’s Pravin Gandhi College of Law

Ammar Bhoira, SVKM’s Pravin Gandhi College of Law


ABSTRACT


The Digital Personal Data Protection Act, which was enacted in 2023 (hereinafter DPDPA) is a further development in the data protection legislation of India as provided for the repealed Information Technology Act of 2000. By outlining the major benefits of this transition, the purpose of this article is to explore how the author makes a case for this new law regarding its previous one and how it stands in the existing environment dominated by regulations such as GDPR. It discusses some legal and practical problems which businesses, especially SMEs, will encounter when complying with the new act. The article also considers how the DPDPA is expected to boost creativity in new technologies including artificial intelligence and big data analytics before recommending measures for the effective introduction of the DPDPA with specific emphasis on the need for engagement of the public, definition, and enforcement of data localization law, and promotion of other emerging technology trends.

Comments


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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