Introduction
As technology evolving rapidly in this new era of digitalization, it becomes very easy to misuse or manipulate Individual’s personal data. There have been many cases of fraud, cheating just by using individual’s personal data, and people don’t even realize how such manipulation happened. Thus, it is extremely important to protect individual’s personal data.
To deal with such data and privacy threat in Indian parliament Introduced Digital Personal Data Protection Act (DPDP Act 2023) and received the consent of President on August 11/2023. Prior to this regulation there was no formal law drafted or enacted to deals with especially Individuals data privacy. However,’ earlier to this landmark legislation such matters were generally governed by Information technology Act 200.
After going through this article, you will be able to answer these following Questions/queries and will have a better understanding about the DPDP Act 2023. What is DPDP Act 2023? What are the maximum penalties under DPDP Act 2023? What is personal data under DPDP Act 2023. Who is Data principle and Data fiduciary under DPDP Act 2023. Consent under the provision of DPDP Act 2023. Scope and applicability of DPDP Act 2023.
What is DPDP Act 2023?
The DPDP Act stand for Digital Personal Data Protection Act. This is first the comprehensive law dedicated to individual’s Digital Personal Data Protection. It is enacted by the Indian parliament in 2023, this law aims to regulate how the personal data of individuals is collected, stored and processed by any organization.
This law imposes obligation over the organization dealing with personal data of Indian citizen. Empower individual’s more control over their personal data. this law mandated the consent of Data principle (whose data is being collected, stored or processed)
This legislation aims to protect the privacy of Indian citizen in digital age, ensures the accountability of Government, organization dealing with Personal data of Individuals.
What is maximum penalties under DPDP Act 2023?
As per the provision described under this DPDP Act 2023. In case any company or organization fails to prevent beach of personal data, then a fine of an amount up to 250cr (30 million) be imposed upon the respective entity.
In case any organization or company violates the rights of Data Principle then a fine of an amount up to 200cr (25 million) be imposed upon the respective entity. Rights of Data Principle
What is Personal Data Under DPDP Act 2023
As per DPDP Act 2023 Personal Data means any information about individual that can identify the person directly or indirectly.
Information like full name of the person, Email, Place of resident, Adhar number, passport details, Bank accounts or UPI ID, location, IP dares and Oline behaviors like browsing history are considered personal data under the DPDP Act 2023.
Data Principle & Data fiduciary DPDP Act 2023
The Person whose personal data is being processed, collected or stored is considered as the Data principle. In other word a person to whom personal data relates is known as the Data principle under the provision of DPDP Act 2023. Rights of Data Principle
The organization or company who determines the purpose and means of processing data is considered as Data fiduciary under the provisions of DPDP Act 2023. A “Data fiduciary” decide why and how personal data is collected, stored and processed.
Consent under DPDP Act 2023.
Under the provision of DPDP Act 2023 consent refresh to free, specific, informed and unconditional revocable consent by the Data principle. consent of Data principle
This simply means the consent must be given voluntarily with free will without any peer or undue influence. The Individual should be informed about the use of their Personal data, and the consent can be withdrawn as well.
Scope and Applicability of DPDP Act 202.
This legislation is not confined only to the territorial jurisdiction of India but Subject to the personal data of Indian citizen.
Inside India, this law applies to the entity processing, collecting, storing and transferring the personal of individuals.
Outsite India, this law applies the company, organization dealing with or collecting, storing and processing the personal data of Indian citizen.
Exemption to this legislation
The Indian government can exempt certain department or agencies like- National security and law enforcement agencies. Research institution conducting data processing for archival or statistical purpose.
These provisions of exemption are criticized by many experts’ individuals of legal field and certain organization.
In conclusion
In this evolving era of technology like AI, advancement in information technology such comprehensive data protection law will significantly result in positive outcome. This DPDP Act 2023 clearly outlines the rights, violation, scope for Individua’s personal data protection.
Let me know about your opinion over DPDP Act 2023.
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