The Digital Personal Data Protection Act (DPDPA) represents India's first comprehensive data protection legislation. This FairReview provides an in-depth analysis of the Act's provisions, strengths, and areas of concern.

Key Provisions

• Consent-Based Processing: Data can only be processed with informed, specific, and unambiguous consent
• Data Fiduciary Obligations: Organizations handling data must ensure accuracy, security, and purpose limitation
• Rights of Data Principals: Individuals have the right to access, correct, and erase their personal data
• Data Protection Board: Establishment of an independent regulatory body for enforcement

Strengths

The Act provides a much-needed legal framework for data protection, aligns with global standards like the GDPR, and establishes clear penalties for violations.

Concerns

Critics have raised concerns about broad government exemptions, the independence of the Data Protection Board, and the adequacy of penalties. The Act also lacks provisions for a right to data portability.

Rating: 3.5/5

While the DPDPA is a positive step, it needs strengthening in areas of government accountability and individual rights to truly serve as a robust data protection framework.