Abstract

This paper critically examines the Digital Personal Data Protection Act, 2023 (DPDPA), a landmark legislative attempt by India to safeguard citizens’ privacy in an increasingly digital world. Rooted in the constitutional affirmation of privacy as a fundamental right in K.S. Puttaswamy v. Union of India (2017), the DPDPA aims to regulate the collection, storage, and processing of personal data. While the Act introduces foundational concepts such as data fiduciaries, consent managers, and rights for data principals—including access, correction, and erasure of data—it simultaneously raises serious concerns regarding the dilution of consent, broad government exemptions, and limited enforcement powers. The paper explores the Act's limitations, particularly the problematic provision of “deemed consent” and the sweeping powers granted to the central government, which many critics argue threaten the autonomy and privacy of individuals. A comparative analysis with global data protection laws such as the EU’s General Data Protection Regulation (GDPR) and California’s Consumer Privacy Act (CCPA) reveals that India’s framework lacks several essential features including independent oversight, robust user rights like data portability, and explicit restrictions on state surveillance. Further, the absence of mandates for data localization, vague definitions such as "public interest," and insufficient safeguards against algorithmic profiling and biometric misuse highlight the Act’s inability to fully address modern privacy threats posed by artificial intelligence and surveillance capitalism. The paper underscores the need for public digital literacy, judicial vigilance, and civil society participation to make the DPDPA effective. Ultimately, while the DPDPA is a step forward in India's digital privacy landscape, it is fraught with compromises that prioritize state and corporate interests over individual rights. The success of India’s data protection regime hinges on continued reform and judicial interpretation that aligns with constitutional values and evolving global standards.

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