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VOL. 11, ISSUE 3 (2025)
The digital personal data protection Act, 2023: A legal analysis in light of global data protection standards
Authors
Prabhash Dalei
Abstract
The Digital Personal Data Protection (DPDP) Act, 2023 represents a
landmark development in India's legislative approach to data privacy, aiming to
regulate the processing of personal data while balancing individual rights and
business interests. This research paper critically examines the Act’s key provisions,
including its definitions of personal data, obligations of data fiduciaries,
rights of data principals, and enforcement mechanisms. A comparative analysis
with international data protection regimes, particularly the European General
Data Protection Regulation (GDPR), is undertaken to assess the Act’s
compatibility with global best practices. The study also explores the Act’s
impact on privacy rights as recognized under Article 21 of the Indian
Constitution, its implications for government surveillance, and its potential
effects on cross-border data transfers. Key concerns such as the lack of a
distinct category for sensitive personal data, the broad exemptions granted to
the government, and the absence of an independent Data Protection Board with sufficient
autonomy are critically evaluated. Furthermore, the research identifies gaps in
the Act’s enforcement mechanisms and proposes reforms to enhance its
effectiveness in ensuring robust data protection while fostering digital
innovation and economic growth. By addressing these concerns, this paper
contributes to the ongoing discourse on data protection law in India and
provides recommendations for a more balanced and rights-centric regulatory
framework.
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Pages:127-131
How to cite this article:
Prabhash Dalei "The digital personal data protection Act, 2023: A legal analysis in light of global data protection standards". International Journal of Law, Vol 11, Issue 3, 2025, Pages 127-131
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