The Need for Personal Data Protection Norms
In the pre-digital era, the sharing of personal information was largely entrusted to individuals, institutions, or the state by handing over physical copies of documents/ information. The entities receiving such information operated in the absence of a comprehensive legal framework, which resulted in limited accountability and governance.
THE DIGITAL SHIFT: EVOLUTION AND CHALLENGES
With the evolving digital age, communication evolved from handwritten letters to electronic mail, which facilitated seamless sharing of personal information. The rise of chat platforms such as WhatsApp and Telegram further accelerated this transformation making it effortless for individuals to exchange thoughts, opinions and documents to one another. With the convenience of google forms, people have been collecting personal information by sharing links without being accountable for the manner and purpose for which the data can be stored or used. The convenience extended to the processing of personal data, with automated systems enabling faster transactions by linking personal information seamlessly. However, this era of digital ease has also brought forth unprecedented challenges. Data breaches, unauthorized access, and misuse of personal information have become rampant, exposing glaring vulnerabilities in the legal frameworks governing data protection. The broken and archaic nature of existing regulations posed a dual challenge:
The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016
The Digital Personal Data Protection Act, 2023 (the "DPDP Act") is a result of legislative and judicial efforts that arise from the recognition of privacy as a fundamental right. In the landmark judgment of Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), the Hon’ble Supreme Court unequivocally declared the Right to Privacy as an intrinsic facet of the Right to Life and Personal Liberty under Article 21 of the Indian Constitutio Subsequent to the aforesaid judgement, the Government of India initiated efforts to establish a digital data protection regime. The DPDP Act represents a significant milestone, aligning India’s legal framework with global standards such as the EU General Data Protection Regulation (GDPR) while addressing certain unique domestic challenge
THE DIGITAL SHIFT: EVOLUTION AND CHALLENGES
With the evolving digital age, communication evolved from handwritten letters to electronic mail, which facilitated seamless sharing of personal information. The rise of chat platforms such as WhatsApp and Telegram further accelerated this transformation making it effortless for individuals to exchange thoughts, opinions and documents to one another. With the convenience of google forms, people have been collecting personal information by sharing links without being accountable for the manner and purpose for which the data can be stored or used. The convenience extended to the processing of personal data, with automated systems enabling faster transactions by linking personal information seamlessly. However, this era of digital ease has also brought forth unprecedented challenges. Data breaches, unauthorized access, and misuse of personal information have become rampant, exposing glaring vulnerabilities in the legal frameworks governing data protection. The broken and archaic nature of existing regulations posed a dual challenge:
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