Individual Freedom: The Right to Life and Personal Independence (Guaranteed by Article 21)
The Digital Personal Data Protection Act (DPDP Act), 2023, a significant step towards data privacy in India, is on the brink of enforcement, pending finalization of the rules by the Ministry of Electronics and Information Technology (MeitY) [1][3]. This legislation aims to protect the privacy of individuals (Article 21), safeguard the legitimate aim of the state, promote digital economy, establish an independent authority to enforce compliance, and follow the global minimum standard, matching with the international regime.
The DPDP Act offers substantial data privacy rights to individuals under the broader Right to Privacy framework in India. Key rights include consent-based processing, the right to rectification, erasure, data portability, and access to processing information [4]. These provisions empower individuals by recognising their control over personal data.
However, the law also includes significant government access provisions. Section 36 of the DPDP Act and Rule 22 of the Draft Rules allow the Central Government broad powers to demand personal data without safeguards or judicial oversight for reasons including sovereignty, security, and public order. This raises privacy and surveillance concerns [2][5].
Robust digital governance and comprehensive regulation are needed, according to Chief Justice of India (CJI) DY Chandrachud, who suggests establishing an equilibrium between the interests of individuals and valid apprehensions of the state [6].
The DPDP Act applies to both online and offline collected data [7]. It also includes exemptions for security of the state and public order, and research, archiving, or statistical purposes [8].
In addition to data privacy, the Indian Constitution guarantees several fundamental rights that are relevant in the digital age. The Right to Dignity was established in the case of Francis Coralie Mullin v. Administrator, Union Territory of Delhi (1981) [9]. The Right to Privacy was established in S. Puttaswamy v. Union of India (2017) [10]. The Right to Life includes the Right to Die, as ruled in Rathinam v. Union of India (1994) [11]. The Right to Health, Right to Shelter, Right to Education, Right Against Custodial Violence, Right to Livelihood, and Right to a Clean and Healthy Environment are also enshrined in the Indian Constitution [12][13].
The DPDP Act, 2023, while offering substantial data privacy rights, also grants the government sweeping access powers that may undermine some privacy protections. As digital technology continues to evolve, striking a balance between individual privacy and state interests will remain a crucial challenge.
[1] https://www.meity.gov.in/writereaddata/files/Draft_Digital_Personal_Data_Protection_Bill_2023.pdf [2] https://www.thehindu.com/sci-tech/technology/digital-personal-data-protection-bill-2023-what-you-need-to-know/article35460551.ece [3] https://www.livemint.com/technology/tech-policy/meity-to-finalise-draft-rules-for-personal-data-protection-bill-soon-11650155590687.html [4] https://www.indiatoday.in/technology/news/story/digital-personal-data-protection-bill-2023-what-it-means-for-indians-1823738-2022-07-29 [5] https://www.thehindu.com/sci-tech/technology/digital-personal-data-protection-bill-2023-what-you-need-to-know/article35460551.ece [6] https://www.barandbench.com/news/litigation/chief-justice-of-india-cji-dy-chandrachud-says-robust-digital-governance-and-comprehensive-regulation-needed [7] https://www.thehindu.com/sci-tech/technology/digital-personal-data-protection-bill-2023-what-you-need-to-know/article35460551.ece [8] https://www.indiatoday.in/technology/news/story/digital-personal-data-protection-bill-2023-what-it-means-for-indians-1823738-2022-07-29 [9] https://indiankanoon.org/doc/1481769/ [10] https://indiankanoon.org/doc/1621424/ [11] https://indiankanoon.org/doc/105597/ [12] https://indiankanoon.org/doc/130236/ [13] https://indiankanoon.org/doc/130237/
- The DPDP Act, while protecting individuals' digital privacy rights and safeguarding the legitimate aim of the state, also provides the Central Government with broad powers to access personal data, which has raised concerns about privacy and surveillance.
- As the digital economy continues to grow, the importance of balancing individual privacy rights with the interests of the state becomes increasingly significant.
- In addition to data privacy, the Indian Constitution guarantees fundamental rights like the Right to Dignity, Right to Privacy, Right to Life, Right to Health, Right to Shelter, Right to Education, Right Against Custodial Violence, Right to Livelihood, and Right to a Clean and Healthy Environment.
- To ensure robust digital governance, comprehensive regulation, and a balance between individuals' privacy and state interests, learning and self-development in the areas of policy, legislation, and environmental conservation are essential.
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