Trivialising Privacy through Tribunals in India

<p>On 11th August 2023, India’s Digital Personal Data Protection Act, 2023 (‘DPDP Act’) has received Presidential assent. The Act’s passing is critical in light of increasing concerns about data security and surveillance in India, including allegations that the government has illegally been us...

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Main Author: Niveditha Prasad
Format: Article
Language:deu
Published: Max Steinbeis Verfassungsblog GmbH 2023-08-01
Series:Verfassungsblog
Subjects:
Online Access:https://verfassungsblog.de/trivialising-privacy-through-tribunals-in-india/
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author Niveditha Prasad
author_facet Niveditha Prasad
author_sort Niveditha Prasad
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description <p>On 11th August 2023, India’s Digital Personal Data Protection Act, 2023 (‘DPDP Act’) has received Presidential assent. The Act’s passing is critical in light of increasing concerns about data security and surveillance in India, including allegations that the government has illegally been using spyware against activists. Moreover, the government and its agencies are major data fiduciaries, having access to various identification and biometric data that have in the past been breached on a large scale. Given this, it is vital that the DPDP Act is able to function effectively and independently against the government in cases of non-compliance. However, a novel provision bestowing appellate jurisdiction on a Tribunal that lacks both the necessary expertise and independence is likely to hinder this goal. </p>
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spelling doaj.art-d055eba3ce07487886d638f705061f6a2023-08-21T14:51:19ZdeuMax Steinbeis Verfassungsblog GmbHVerfassungsblog2366-70442023-08-012366-7044Trivialising Privacy through Tribunals in IndiaNiveditha Prasad<p>On 11th August 2023, India’s Digital Personal Data Protection Act, 2023 (‘DPDP Act’) has received Presidential assent. The Act’s passing is critical in light of increasing concerns about data security and surveillance in India, including allegations that the government has illegally been using spyware against activists. Moreover, the government and its agencies are major data fiduciaries, having access to various identification and biometric data that have in the past been breached on a large scale. Given this, it is vital that the DPDP Act is able to function effectively and independently against the government in cases of non-compliance. However, a novel provision bestowing appellate jurisdiction on a Tribunal that lacks both the necessary expertise and independence is likely to hinder this goal. </p> https://verfassungsblog.de/trivialising-privacy-through-tribunals-in-india/data protection, India, judicial independence, privacy
spellingShingle Niveditha Prasad
Trivialising Privacy through Tribunals in India
Verfassungsblog
data protection, India, judicial independence, privacy
title Trivialising Privacy through Tribunals in India
title_full Trivialising Privacy through Tribunals in India
title_fullStr Trivialising Privacy through Tribunals in India
title_full_unstemmed Trivialising Privacy through Tribunals in India
title_short Trivialising Privacy through Tribunals in India
title_sort trivialising privacy through tribunals in india
topic data protection, India, judicial independence, privacy
url https://verfassungsblog.de/trivialising-privacy-through-tribunals-in-india/
work_keys_str_mv AT nivedithaprasad trivialisingprivacythroughtribunalsinindia