“A CRITICAL ANALYSIS OF INDIA’S DIGITAL PERSONAL DATA PROTECTION ACT, 2023: PRIVACY VS. GOVERNMENT SURVEILLANCE”

Enactment of the Digital Personal Data Protection Act, 2023 may certainly be seen as a
landmark achievement with regard to India’s legal regime protecting personal data in the digital
environment. The purpose of the law lies in regulation of digital personal data in respect to its
collection, storage, and processing. As such, the Act recognizes the rights of Data Principals,
i.e., individuals, in the context of the handling of their data and imposes duties on organizations
in respect to this type of data. The main purpose of the law is striking the balance between
technological advancement and the right to privacy recognized in Justice K.S. Puttaswamy
(Retd.). On the other hand, although being progressive and consistent with data protection
regulations globally, the DPDP Act has faced much criticism in terms of its attitude towards
state surveillance activities. This is because the DPDP Act provides many exemptions to the
state on grounds of national security, public order, and sovereignty. There is no judicial review
mechanism and regulation from any independent entity, hence making one suspicious about
potential misuse and excess of governmental powers.
Keywords: Data Protection, Privacy, Surveillance, DPDP Act 2023, Fundamental Rights,
India, Puttaswamy Case.