Independent Research and Policy Advocacy

Data Protection Bill | Three changes that will sharpen draft Bill

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Abstract

The fourth avatar of India’s Digital Personal Data Protection Bill (DPDP) was released on November 18. The need for a data protection regime in India can be traced back to the Supreme Court’s ruling on privacy in 2017.

In that landmark judgment, the Supreme Court recoginsed privacy as a fundamental right. It further acknowledged protecting personal data as a crucial instrument to protecting citizens’ privacy, and called upon the government to formulate a data protection regime. Therefore, protecting citizens’ privacy is a pre-eminent if not an exclusive mandate of any data protection regime. The latest proposed data protection regime — the Digital Personal Data Protection Bill appears to have departed farther away from that mandate.

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