Putting Interests of Digital Nagriks First: Digital Personal Data Protection (DPDP) Act 2023 of India
| Published date | 01 September 2024 |
| DOI | http://doi.org/10.1177/00195561241271575 |
| Author | Charru Malhotra,Udbhav Malhotra |
| Date | 01 September 2024 |
| Subject Matter | Article |
Putting Interests of
Digital
Nagriks
First:
Digital Personal Data
Protection (DPDP)
Act 2023 of India
Charru Malhotra1 and Udbhav Malhotra2
Abstract
The increasing application of artificial intelligence (AI) and the extensive
collection, storage and analysis of personal data by service providers have
heightened privacy concerns. To address unauthorised use and potential misuse
of personal information, the Government of India introduced the Digital Personal
Data Protection (DPDP) Act on 11 August 2023 aimed at enhancing the living
standards of its digital citizens, termed as ‘digital nagriks’ in this study. This research
evaluates the DPDP Act’s impact on digital nagriks across six sections, starting
with an introduction to the necessity of privacy legislation and an overview of
global privacy laws from countries like Singapore, the European Union and China.
It then explores the origin and fundamental aspects of the DPDP Act, leveraging
the literature to critically analyse its implications for privacy. The study presents
observations on the Act’s current state, recommends adjustments for balancing
privacy with innovation and security and highlights the need for stronger
enforcement mechanisms to protect digital nagriks effectively. It concludes that
while the DPDP Act is a positive advancement, explicit exceptions in future
regulations could further refine this balance.
Keywords
Privacy, data protection, data principal, General Data Protection Regulation
(EU-GDPR) of European Union, the Personal Data Protection Act (PDPA) of
Singapore, Personal Information Protection Law (PIPL) and Data Security Law
(DSL) of China
Article
Indian Journal of Public
Administration
70(3) 516–531, 2024
© 2024 IIPA
Article reuse guidelines:
in.sagepub.com/journals-permissions-india
DOI: 10.1177/00195561241271575
journals.sagepub.com/home/ipa
1 Indian Institute of Public Administration-IIPA, New Delhi, Delhi, India
2 Intern at NitiAyog
Corresponding author:
Charru Malhotra, Indian Institute of Public Administration-IIPA, New Delhi, Delhi 110002, India.
E-mail: charrumalhotra@gmail.com
Malhotra and Malhotra 517
Introduction
In India, we are witnessing an AI innovation spirit.
– Prime Minister, Narendra Modi (December 2023,
Global Partnership on AI–GPAI Summit, New Delhi)
Articial intelligence (AI) has begun to tangibly impact our economy and our
daily lives too. Particularly in India, ‘India Stack Global’ has proved to be a pow-
erful brahamastra1 for both private and public organisations (Malhotra, 2024).
Nonetheless, various layers of India Stack (such as DigiLocker and Aadhar),
other public platforms (such as Open Network for Digital Commerce [ONDC],
Government e-Marketplace [GEM], Unied Mobile Application for New Age
Governance [UMANG] and so on) (Malhotra, 2018) and all the private aggrega-
tors (such as cab-hailing services and so on) collect so much of citizens’ data that
it becomes a matter of concern for end-users (referred to as ‘digital nagriks’,
henceforth in the study). The situation gets further complicated with the recent
rapid proliferation of other new age technologies, such as cloud computing, wear-
able devices with edge computing and so on, that completely belie accountability
to the ‘digital nagriks’(NATs; Malhotra, 2024). This is because the data collected
through such digital means is always under threat of illicit access by rogue actors
or even unauthorised usage by third parties who collect the data.
The Need for Privacy Legislations
Therefore, the wary digital nagriks seek reassurance that their data are protected
and will be responsibly handled throughout the entire technology chain. This is
true for all categories of digital nagriks—such as those who might be considered
naive digital nagriks or those who complacently attempt to hide under the
‘I-have-nothing-to-hide’ argument. Everybody must be protective of one’s
personal information and has something to hide from others, including rogue
actors, unauthorised users and even the state. In Franz Kafka’s novel, The Trial
an administrative system with unclear motives is portrayed that utilises people’s
information to make signicant decisions about them without letting them
participate in how their information is being used (Kafka, 1956). In Friedrich
Dürrenmatt’s novel Traps a seemingly innocent man is put on trial by a group of
retired lawyers in a mock trial game; he innocently inquires what his crime shall
be (Dürrenmatt, 1960). ‘An altogether minor matter’, replies the prosecutor. ‘A
crime can always be found.’ Taking a further cue from the ction, a surveillance
state exists in George Orwell’s novel 1984 that is incessantly guzzling personal
data to monitor its subjects (Orwell, 2021). The 1984 possibility might be too
hegemonic to imagine, but the situation in Traps is not impossible, especially
since the personal data seem to be silently oating all over the data leaks of
various digital service providers and could be easily tweaked to be misrepresented
against the gullible ones. The interests of digital nagriks therefore, need to be
safeguarded and data protection and privacy remain very relevant concerns for
all the democratic countries.
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