August 2023

Digital Personal Data Protection Bill, 2023: An incomplete development

In this post, the author critically examines India’s Digital Personal Data Protection Bill 2023, released for public consultation in August. Comparing it with the 2022 version, the article highlights strengths and weaknesses. It discusses processing personal data, data localization, the Alternative Dispute Resolution process, and the Data Protection Board’s powers. While aiming to balance individual data rights and processing needs, the bill lacks clarity on differentiating sensitive data, definitions for pseudonymization and anonymization, and precise data transfer criteria. Concerns about Data Protection Board power concentration and hefty fines for smaller businesses are raised. The author emphasizes refining definitions, enhancing data localization, ensuring board independence, and proportional fines for a robust digital economy and individual privacy protection.