Digital Personal Data Protection Act

GS-IIICyber Security & Internal Security

Note

Refers to the 2023 Act and the regime it creates for processing personal data in digital form — the data fiduciary and the data principal, consent as the primary ground for processing with a closed list of legitimate uses alongside it, purpose and storage limitation, and the rights of access, correction, erasure, grievance redressal and nomination. It covers the Data Protection Board of India as the adjudicating body, the additional obligations placed on significant data fiduciaries including impact assessment, independent audit and cross-border transfer permitted except to countries the Centre notifies against. Wide State exemptions and the Board's structural independence remain standing criticisms.

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Questions on this topic

From 24 October 2026The Hindu — Sci-Tech

Consider the following pairs regarding data-protection and consumer-protection frameworks for digital platforms:Answer ▾
  1. Cambridge Analytica scandal — triggered scrutiny of how social media platforms harvest and share user data without meaningful consent
  2. India's Digital Personal Data Protection Act, 2023 — provides for rights of data principals and obligations of data fiduciaries, with penalties enforced by a Data Protection Board
  3. US Federal Trade Commission (FTC) — a state-level consumer protection body empowered to try jury cases against technology companies under Unfair Practices Acts

Which of the pairs given above is/are correctly matched?

Correct

Incorrect. The answer is C

Explanation

Pair 1 is correctly matched: the Cambridge Analytica scandal exposed how Facebook allowed a third-party app to harvest personal data of millions of users without their informed consent, and it became the defining episode that triggered global regulatory scrutiny of social media data practices. Pair 2 is correctly matched: India's Digital Personal Data Protection Act, 2023 (DPDPA) establishes 'data principals' (individuals) and 'data fiduciaries' (entities processing data), imposes consent-based obligations on fiduciaries, and creates a Data Protection Board of India as the adjudicating body empowered to levy penalties. Pair 3 is incorrectly matched: the Federal Trade Commission (FTC) is a federal (central government) body, not a state-level one. It enforces consumer protection law at the national level. The lawsuit described in the news was brought by the New Mexico state Attorney General under New Mexico's own Unfair Practices Act — a state-level consumer protection statute — which is a distinct, parallel enforcement mechanism from the FTC.

From 30 October 2026The Hindu — Editorial

Consider the following pairs regarding the Digital Personal Data Protection Act, 2023 and related frameworks:Answer ▾
  1. Data fiduciary obligations under the DPDP Act, 2023 — Require the data fiduciary to notify and seek consent from the individual whose data is processed
  2. Section 44(3) of the DPDP Act, 2023 — Amended the Right to Information Act, 2005, by removing the public-interest qualification on disclosure of personal information
  3. Freedom of the press in India — Protected as a specific statutory right enumerated in a standalone Press Act

Which of the pairs given above is/are correctly matched?

Correct

Incorrect. The answer is C

Explanation

Under the DPDP Act, 2023, a 'data fiduciary' is an entity that determines the purpose and means of processing personal data, and a core obligation is to give notice to and obtain consent from the data principal (the individual whose data is processed) — Pair 1 is correctly matched. Section 44(3) of the DPDP Act, 2023, did amend the RTI Act, 2005, specifically by removing the earlier public-interest qualification that had allowed disclosure of personal information held by public authorities when a larger public interest was at stake — Pair 2 is correctly matched. Pair 3 is incorrect: India has no standalone Press Act conferring statutory press freedom. Freedom of the press in India is not an explicitly enumerated or separately enacted statutory right; rather, it flows from Article 19(1)(a) of the Constitution, which guarantees freedom of speech and expression to all citizens. Courts have recognised press freedom as implicit in Article 19(1)(a), but it is a constitutional (not statutory) protection, and there is no dedicated legislation enshrining it.

From 3 November 2026The Hindu — Sci-Tech

Consider the following pairs matching legal frameworks with their key features regarding personal data regulation in India:Answer ▾
  1. IT Act, 2000 and SPDI Rules, 2011 — Regulated cross-border transfer of 'sensitive personal data' subject to adequacy of protection at the recipient end and either contractual necessity or consent
  2. Digital Personal Data Protection Act, 2023 — Succeeded the IT Act regime and introduced a phased implementation with certain consent and safety provisions becoming effective from 2027
  3. IT Act, 2000 regime — Applied its data-protection rules equally to all personal data, including names, addresses, phone numbers, browsing history, and behavioural patterns

Which of the pairs given above is/are correctly matched?

Correct

Incorrect. The answer is B

Explanation

Pair 1 is correctly matched: under the IT Act, 2000 read with the Sensitive Personal Data or Information (SPDI) Rules, 2011, transfer of sensitive personal data outside India was permissible provided the recipient ensured a protection standard equivalent to Indian law, and the transfer was either necessary for a lawful contract or had been consented to by the data subject. An assertion or claim of adequacy was sufficient — there was no independent verification mechanism. Pair 2 is also correctly matched: the DPDP Act, 2023 replaced the earlier IT Act regime as the primary framework for personal data protection, with its Rules notified in November 2025 and a phased rollout under which certain consent and safety provisions take effect only in 2027. Pair 3 is incorrectly matched and is the key conceptual distractor: the SPDI Rules under the IT Act regime applied only to a defined list of 'sensitive personal data' (financial records, medical or health details, sexual orientation, biometric information, etc.). Categories such as names, addresses, phone numbers, caste, religion, political affiliations, browsing history, social media activity, and online or offline behavioural patterns were explicitly excluded from the Rules' protections — a major gap that the DPDP Act framework seeks to address.

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