ISSN 2581-5369
HeinOnline, MANUPATRA, Google Scholar Indexed
Jurisdictional Overlaps between the IT Act, 2000 and the DPDP Act, 2023 against International Standards
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Alina Husain
Student at Jamia Millia Islamia, Delhi, India
Abstract
The introduction of the Digital Personal Data Protection Act, 2023 (DPDP Act) is a major change in India's data protection framework but, at the same time, it poses complicated questions about the jurisdiction in relation to the already existing Information Technology Act, 2000 (IT Act). This study determines the statutory intersections between the two regimes by examining overlapping provisions, adjudicatory mechanisms, and enforcement competencies. It explores how these overlaps can cause regulatory uncertainty, compliance burden, and inconsistent accountability in data governance. The study, using a comparative lens, considers India's dual-framework issues in light of international standards such as the General Data Protection Regulation (GDPR) of the European Union and the California Consumer Privacy Act (CCPA) of the United States. Using doctrinal and comparative legal methodologies, the paper outlines normative and institutional gaps in India's data protection framework and suggests the harmonization of strategies to improve legal coherence, regulatory coordination, and international compliance alignment.
Keywords
- Data Protection
- Jurisdiction
- Information Technology Act
- Digital Personal Data Protection
- Overlapping provisions
- Enforcement
- Accountability
- Data Governance
- International Standards
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 9, Issue 2, Page 1091 - 1116
DOI: https://doij.org/10.10000/IJLMH.1111619Creative Commons
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.
Copyright
Copyright © IJLMH 2021