Commentary on The Digital Personal Data Protection Act, 2023
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Digital Personal Data Protection Act, 2023 is the first of its kind in India and involves the creation of an entirely new regulatory framework for the purpose of protection of a person's privacy from unwarranted invasion. It is a mix of technological aspect of information and legal aspect of information processing. The book contains 17 topic oriented chapters explaining the provisions of the Act in simple language with illustration drawn from the decisions of the Indian and foreign courts as also from the European Union General Data Protection Regulation, 2018

• Chapter 1 is introductory explaining the concept of individual privacy as a fundamental right, historical development of the Digital Personal Data Protection Act, 2023, its salient features and its scheme.

• Chapters 2, 3, 4, 5 and 6 are preliminary, explaining scope of Act and of various concepts which are core to the law of data protection, viz., the concepts of “data”, “ personal data”, “ personal data and right to privacy” (Chapter 2); “digital data and digital technology” (Chapter 3); “information technology and processed information – a product” (Chapter 4); “personal data processing and internet technology” (Chapter 5); and Chapter 6 dealing with the scope and applicability of the Act. 

• Chapters 7, 8 and 9 deal with obligations of data fiduciary and rights of data principal and exemptions; Chapter 7 dealing with processing personal data with the consent of data principal for lawful purposes and legitimate needs, and Chapter 8 dealing with right to access information, right to correction and erasure right to grievance redressal and, right to nominate; Chapter 9 dealing with exemption from data processing for security and sovereignty of State.

• Chapters 10 and 12 deal with Data Protection Board of India, its powers and functions (Chapter 10) and its power to impose penalty for significance of breach of duty (Chapter 12).

• Chapter 11 deals with appeal and powers of appellate tribunal, alternate dispute resolution and voluntary undertaking.

• Chapters 13, 14, 15 and 16 deal with miscellaneous provisions; Chapter 13 dealing with protection of action taken in good faith; Chapter 14 dealing with consistency of the DPDP Act with other laws, overriding in case of conflict; Chapter 15 dealing with bar of jurisdiction of civil court to entertain any suit or proceedings or to grant any injunction in respect of any action; Chapter 16 dealing with the power of Central Government to make rules, to remove difficulties, to issue directions.

• Chapter 17 explains interpretative principles.

D.P. Mittal

D. P. MittalB.Sc., BA (Economics), L.L.B is an advocate, tax and business law consultant. He has a long experience in administering tax laws as an officer of Indian Revenue Service and in advising investors and entrepreneurs on legal, commercial and tax aspects of investment in India as an advocate now and previously as a senior adviser in the Indian Investment Centre, New Delhi (a Government of India Organization). He has authored widely acclaimed books - Principles of Constitutional .......

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