Digital Personal Data Protection (DPDP) Act






Digital Personal Data Protection Act



The primary goals of the Indian Digital Personal Data Protection Act, 2023 are to safeguard people's right to privacy and to encourage ethical handling of information techniques. The DPDP Act allows for the collection and use of digital private information in an approach that respects people's fundamental right to privacy protection as well as the necessity to collect such information for legitimate reasons as well as reasons related to or supplementary to them.


Important Elements Of The DPDP Bill

Relevance of the Act
Important Concepts in DPDP
Further Significant Tips taken from law
Exclusivity
The Indian Data Prootection Board
Sanctions
End-to-End Data Lifecycle Security
Things to do form Data Fiduciaries
Key Rights for Data

Relevance Of The Act

  • Collecting information online within India's borders is done in a computerized form, while offline data is later digitized. Any activity involving the provision of products or services to information principals within India falls under this scope.

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Important Concepts In DPDP

  • The Information Principal is the person whose data is being handled. An Information Processor is the entity that processes the data. Information Processing refers to handling private and sensitive information. The Information Fiduciary is responsible for processing the data. Information Private includes types of data that require the highest level of security.

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Things To Do For Data Fiduciaries

  • Evaluate the Act's impact on privacy, outlining processes for PII data handling and assigning duties to a Consent Manager. Establish breach notification procedures and define data retention periods while ensuring security measures throughout the data lifecycle.

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Exclusivity

  • In specific circumstances, such as protection and criminal investigations, safeguarding legal rights, exemptions granted by the central government, or studies for public benefit and safety, the responsibilities of information fiduciaries and the liberties of information principals may not apply.

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The Indian Data Protection Board

  • The Indian central government will establish the Board, tasked with auditing compliance, imposing fines, providing instructions to data trustees in case of breaches, and resolving grievances related to data handling.

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Further Significant Tips Taken From Law

Principal Duties of an Information Fiduciary

  • An Information Fiduciary's main responsibilities include appointing a Consent Manager and Data Protection Officer, ensuring compliance by all data processors, and addressing Information Principals' requests and grievances effectively.

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Further Significant Tips Taken From Law

Key Rights for Data

  • Data fiduciaries must always obtain legitimate data, uphold access rights, grant the right to removal, have the authority to suggest, and provide avenues for grievance resolution and remedies.

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Implementation At Every Stage Of Data Lifecycle

Gathering

  • Establishing agreements between Information Principles and Applications regarding Personal Data use, informing Data Principals about data collection intents, and obtaining parental consent when needed are key aspects.

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Implementation At Every Stage Of Data Lifecycle

Resolving

  • Restricting private information processing solely for lawful purposes. Ensuring the Data Fiduciary safeguards the rights of the information principal.

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Sanctions

  • Rs. 200 crore: Cause: Not meeting child-related responsibilities.

  • Rs .250 crore: Cause: Not implementing safety precautions to avoid data theft costing.

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