Prashik Rajendra Rakshe, ILS Law College, Pune
ABSTRACT
With reference to the Digital Personal Data Protection Act of 2023, this paper investigates past and present data protection and privacy regulations in India. India’s constitution defines privacy as the cornerstone of all else and a basic right to life. Processing personal data has legal basis from the Information Technology Act, 2000 and the 2011 Privacy Rules. But the Fourth Industrial Revolution and India’s explosive digital economic expansion called for a more all-encompassing legal framework. Passed in August 2023, the first cross- sectoral personal data protection law in India, the DPDPA, Excluding non- digital data, data used for personal or domestic reasons, and data made public under legal obligations, this brief 33-page law addresses personal data gathered in digital and later digitised non-digital forms.
Data fiduciaries have to keep security under the DPDPA and build efficient grievance redressal systems. It specifically enables cross-border digital personal data transfer, excluding movements to nations with central government restrictions. The Act also creates the Data Protection Board, a specialist adjudicatory and enforcement body with non-compliance sanctioning authority. The DPDPA still has various difficulties and ambiguity even with improvement. Two main questions are possible issues processing children’s data and the lack of data portability and right to be forgotten clauses. The law defines a child as anyone under 18 and needs parental permission for data processing, which can make implementation difficult and lower digital anonymity.
The study explores how the DPDPA affects online gaming and finance holistically. The DPDPA’s strict data protection standards may conflict with financial services’, hence increased data protection should be used. The Act requires online gaming data retention, transparent permission, and legitimate processing of personal data, especially for children’s data. An accurate balance of user protection and innovation, the DPDPA promotes digital governance in India. Effective Act application depends on well-stated data portability, deletion rights, harm control, and children’s data processing standards. Regulators, corporations, and stakeholders must work together to protect digital data in India.
Keywords: Data, Privacy, Personal Data Protection, Data Localization, Compliances.
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