New Indian Data Protection Framework: Data Usage and Ground Rules

The DPDP (Digital Personal Data Protection) Act that was passed by Parliament during the just-passed monsoon session of the Indian Parliament is now in force with the President giving assent to it. 

With the passing of this law, individuals will be empowered with more control over their data while companies will be allowed to transfer users’ data to other countries or territories through notification to be processed, except nations and regions prohibited by the Centre. 

Furthermore, it authorizes the government to request information from companies and request directions that content be blocked if it finds it offensive. There have been some criticisms of the new law over the broad exemptions granted by the state agencies, as well as some provisions of it that are diluted from the landmark Right to Information (RTI) law, even though it seeks to establish a robust framework for the protection of personal data in the digital era. 

In December, the government withdrew a bill, which was proposed to both restrict the flow of cross-border data between countries and result in more stringent privacy conditions, after tech companies like Facebook and Google were alarmed by the proposed measures. 

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