UPSC Mains 2024 GS3 Q10 — Data protection legislation
Describe the context and salient features of the Digital Personal Data Protection Act, 2023 (Answer in 150 words) 10
Question Decoded — examiner's intent
- Directive verbs
- Describe
- Scope keywords
- contextsalient featuresDigital Personal Data Protection Act, 2023
- Implicit sub-parts
- What were the legal and judicial catalysts (e.g., Puttaswamy judgment) that necessitated this specific legislation?
- How does the Act balance individual privacy rights with lawful data processing by the state and private entities?
- What are the enforcement mechanisms and penalties established for non-compliance?
- Common pitfalls
- Focusing too much on the historical timeline (BN Srikrishna Committee) while neglecting the actual features of the 2023 Act.
- Failing to mention the concept of 'Data Fiduciary' and 'Data Principal' which are central to the Act's terminology.
- Vaguely discussing 'privacy' without mentioning the specific exemptions granted to the State which is a major point of debate.
- Omitting the establishment and role of the Data Protection Board of India.
- Dimensions required
- Constitutional/Legal (Article 21)Regulatory/AdministrativeTechnological/Digital GovernanceRights-based approach
- Marks allocation hint
Allocate 30-40 words to the 'context' by linking the Right to Privacy with the digital economy's growth. Devote the remaining 100-110 words to 5-6 salient features including consent, duties of fiduciaries, rights of principals, and the Data Protection Board to ensure a balanced 10-marker response.
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