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       Data Privacy Law in India

India’s main data privacy law is the Digital Personal Data Protection Act, 2023. It regulates how digital personal data of individuals is collected, used, stored, and shared. The law applies to data processed in India and outside India if it relates to people in India.  Some key features:

  1. Personal data can be processed only with consent or for specified legitimate purposes.
  2. Individuals (Data Principals) have rights to access, correct, erase data, withdraw consent, and seek grievance redressal.
  3. Entities handling data (Data Fiduciaries) must follow data minimisation, ensure security safeguards, and delete data after use.
  4. Large/high-risk entities are classified as Significant Data Fiduciaries with extra compliance duties.
  5. Cross-border transfer of data is allowed unless restricted by the government.
  6. Violations can attract penalties up to ₹250 crore.
  7. The Data Protection Board of India enforces the law.
  8. The right to privacy is a fundamental right under the Constitution.

Source –Calcutta High Court,  Digital Personal Data Protection, Swarupa Ghosh Law Chamber,