Cybersecurity Regulations In India: Challenges And Opportunities In Implementing The Digital Personal Data Protection Act, 2023
- IJLLR Journal
- 19 hours ago
- 2 min read
Samarth Singh, Amity University Uttar Pradesh, Lucknow Campus, Lucknow
Dr. Arvind Kumar Singh, MBA, P.hd, UGC(NET), Officiating Director, Amity University Uttar Pradesh, Lucknow Campus, Lucknow
ABSTRACT
The Digital Personal Data Protection Act (DPDPA), 2023, represents a significant legislative advancement aimed at governing the processing, storage, and transfer of personal data within India. This Act establishes a thorough legal framework that seeks to harmonize data privacy, national security, and economic development. By enforcing stringent compliance requirements and outlining individual rights, the DPDPA aims to bolster data protection while encouraging responsible digital governance.
This paper delves into the principal provisions of the DPDPA, including its model of consent-based data processing, the responsibilities imposed on data fiduciaries, and the creation of the Data Protection Board of India (DPBI) as the regulatory body. It also addresses the challenges associated with the Act's implementation, such as complexities in enforcement, legal uncertainties, and implications for businesses. A comparative analysis with international data protection regulations, such as the General Data Protection Regulation (GDPR) and China’s Personal Information Protection Law (PIPL), underscores the Act’s advantages and potential areas for enhancement.
Moreover, the paper highlights the opportunities presented by the DPDPA, including the potential to build consumer trust, encourage innovation in data security technologies, and promote international trade by aligning with global standards. Nevertheless, the effectiveness of the Act will hinge on robust enforcement, ongoing policy adjustments, and heightened public awareness regarding data rights and responsibilities.
As India progresses towards a digitally-oriented economy, the DPDPA, 2023, is a pivotal milestone in defining the nation’s data protection framework. Establishing a transparent, enforceable, and flexible regulatory structure will be crucial for achieving sustainable digital security and fostering trust within India’s dynamic digital environment.
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