A Transatlantic Comparison: How The DPDPA Stacks Up Against The GDPR
- Indian Journal of Law and Legal Research
- Mar 24
- 2 min read
Grandhi Rohith, B.B.A. LL.B. (Hons), Sastra Deemed to be University
1. ABSTRACT
The old data protection rules that are existing and enforcing in India are being replaced by the Digital Personal Data Protection Act 2023. The Landmark Judgement of Justice K.S Puttuswamy (retd.) & Anr. v Union of India ((2017) 10 SSC 1)1, popularly known as the Aadhaar case in which the supreme court of India recognised privacy as a fundamental right and highlighted to enact dedicated private legislation in the Country2.
This New act in data Protection lays out guidelines for the fair, transparent, and legal processing of personal information. Additionally, it mandates that personal information be gathered only when necessary and kept for the shortest amount of time. This law in India strikes a compromise between the need to process personal data for legitimate purposes and an individual's rights to have it protected. The goal of these international initiatives is to strike a balance between encouraging innovation and economic growth and safeguarding people’s privacy and control over their personal information3. This legislation seeks to achieve a balance between an individual's right to control and safeguard their personal data and the acknowledged necessity to process it for a variety of purposes. Coming up with a cure for a disease is not an easy task, especially when a term like privacy is dynamic and its interpretation also varies with the progression of society.
The Information Technology Act of 2000, which governs privacy matters in India, is already in place, however it does not fully handle the current status of data protection challenges. Since there is a significant advancement in the technology and regulation of electronic transactions but has lost some of its effectiveness in protecting people’s Data privacy in today’s society.
This study critically examines the scope, impact of implementing and broader objectives of this act. Furthermore, we will talk about how this act complies with the EU's GDPR.
Keywords: Digital Privacy, Data Protection, Personal Information, DPDPA, GDPR, PDPA, CCPA.
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