The first draft of the Data Protection Bill came out in 2018. After various rounds of amendment in 2019 and 2021, the bill was scrapped and replaced with the Digital Personal Data Protection Bill, 2022. The Digital Personal Data Protection Bill, 2023 introduced on 3 August 2023 and was passed by the Lower House of the Parliament on 7 August 2023 and by the Upper House of the Parliament on 9 August 2023. The bill has received the Presidential assent followed by official gazette notification and has become a law of the land on 11 August 2023.
The Digital Personal Data Protection Act, 2023 (hereinafter referred to as ‘DPDPA’) lays down procedures to process personal data in a lawful manner and thereby empowers and protects the rights of Data Principals. Factors such as accountability, transparency, data minimisation, fairness, accuracy, and lawful processing of personal data have been reflected in the DPDPA. It addresses Data Principals as ‘she/her’, which is unseen in any Indian law till date and sets the tone in a new light.
This document delves into the various aspects of the DPDPA and aims to provide our point of view on its implications, challenges, and potential benefits.