Analysis of Right to Informational Privacy with respect to DPDPA 2023

  • Sidharth Joshi
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  • Sidharth Joshi

    Managing Partner at Vicit Law Asssociates, India

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Abstract

This research paper provides a comprehensive analysis of the Digital Personal Data Protection Act, 2023 (DPDPA 2023) and its impact on the right to informational privacy in India. Recognizing privacy as a fundamental right, the DPDPA 2023 establishes a robust framework for the collection, processing, and management of personal data. The paper discusses the Act's key provisions, including the emphasis on informed consent, individual rights such as access, correction, and erasure, and the obligations imposed on data fiduciaries to ensure accountability and transparency in data handling. The research highlights the significant implications of the DPDPA 2023 for individuals, businesses, and the government, emphasizing its role in empowering individuals to control their personal information while enhancing consumer trust in the digital economy. The paper further examines the challenges that may arise during the Act's implementation, particularly for small and medium enterprises, and the need for a balanced approach to state interests and individual privacy rights. Additionally, the societal impacts of increased privacy awareness and the establishment of grievance redressal mechanisms are discussed, underscoring the DPDPA's potential to foster a culture of accountability in data processing. Overall, this study underscores the transformative nature of the DPDPA 2023 in strengthening informational privacy protections in India and highlights the necessity for ongoing commitment to privacy rights amidst evolving digital landscapes.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 3705 - 3718

DOI: https://doij.org/10.10000/IJLMH.118361

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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