The Delhi High Court raised serious concerns regarding the delay in enforcing the Digital Personal Data Protection Act, 2023 (DPDP Act). Though this legislation, intended to regulate the processing of digital personal data with a balance between privacy rights and legitimate uses, received Presidential assent on August 11, 2023, it has not yet been notified for implementation. A petitioner, a working professional, filed a writ petition asking the Court to issue a mandamus directing the Central Government to notify the Act so that its safeguards become enforceable.
Under the DPDP Act, personal data may only be processed after obtaining valid consent and for specified legitimate uses; “personal data” is defined as any data relating to an identifiable individual. The Act stipulates that different provisions may be brought into force on different dates, but this requires formal notification under Section 1(2). The Court observed during the proceedings that no notification under that sub-section has yet been issued.
A Division Bench consisting of Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela directed the Union of India to verify if any such notification has been issued or is under contemplation, and to inform the Court accordingly. The case, titled Vikas Mittal v. Union of India, is listed for further hearing on November 12.
The Court also noted that once notified, the Act will apply to the processing of digital personal data within India, including data initially collected in non-digital form but subsequently digitised. In addition, it will regulate processing of digital personal data by entities outside India if the activity concerns offering goods or services to individuals within India. The law mandates the establishment of a Data Protection Board of India by the Central Government. This Board will be responsible for monitoring compliance, handling breaches, directing data fiduciaries to take appropriate remedial measures, and adjudicating grievances from individuals affected by mishandling of personal data.
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