Digital Personal Data Protection Act, 2023 Flashcards
Q. What is the aim of DPDP Act 2023?
Ans : It aims to regulate the processing of digital personal data while ensuring individuals’ right to protect their data and the need to process it for lawful purposes.
Q. How does DPDP Act 2023 protects digital personal data ?
Ans : 1. By providing obligations of Data Fiduciaries for data processing .
2. By providing rights and duties of data principals.
3. By providing financial penalties for breach of rights, duties, and obligations .
Q. What is the significance of DPDP Act ?
Ans : 1. Introduce data protection law with minimum disruption.
2. Enable India’s digital economy and it’s innovation ecosystem.
3. Enhance the Ease of Living and Ease of Doing Business.
Q. What are 7 principles of DPDP Act?
Ans : 1. The principle of consented, lawful and transparent use of personal data .
2. The principle of purpose limitation.
3. The principle of data minimisation.
4. The principle of data accuracy.
5. The principle of storage limitation.
6.The principle of reasonable security safeguards.
7. The principle of accountability .
Q. What are some key provisions of the DPDP Act ?
Ans : 1. Provides for the establishment of the Data Protection Board of India (DPBI) by the central govt .
2. Data principal will have right to obtain information, seek correction and erasure, grievance redressal and right to nominate a personal to exercise rights in case of death or incapacity.
3. Central govt may notify any Data Fiduciary as SDF ( significant data fiduciary) based on several factors like risk to electoral democracy, public order etc.
4. The central govt may exempt certain activities in the interest of the security and public order.
5. Bill allows the transfer of personal data outside India, except to countries restricted by the government.
Q. What are some limitations of DPDP Act, 2023?
Ans : 1. Violate Fundamental Rights : Govt agencies may use data to create a 360-degree profile for surveillance.
2. Inadequate Safeguards : transfer of personal data outside India.
3. No compensation to users in case of mishandling their data.
4. Complicated approach to grievance redressal.
5. RTI Exemption: Personal information of public officials will not be disclosed under the RTI Act .
6. No provision for rights like Right to data portability and Right to be forgotten.
Q. What are some “Way Forwards” for DPDP Act, 2023 ?
Ans : 1. Cross- Border Data Governance mechanisms need to be developed.
2. Rights like Right or data portability and Right to be forgotten should be provided .
3. Terms like sovereignty and integrity should be clearly defined.
4. Quantifying time duration .
