2024 · GS Paper 3 · Q10 · 10 marks
Describe the context and salient features of the Digital Personal Data Protection Act, 2023.
In short
The Digital Personal Data Protection Act, 2023 gives effect to the Puttaswamy (2017) right to privacy through consent-based processing, rights for data principals, duties for data fiduciaries and a Data Protection Board. The Board can impose penalties of up to ₹250 crore per breach.
Model answer
Ghissu Editorial · Verified 4 Oct 2026 · 277 words
After K.S. Puttaswamy v. Union of India (2017) declared privacy a fundamental right under Article 21, India needed a data protection law. The Digital Personal Data Protection Act, 2023, received assent on 11 August 2023, and its Rules followed in November 2025.
Context of the DPDP Act, 2023
1. Constitutional mandate: Puttaswamy asked the State to protect data, and the Justice B.N. Srikrishna Committee (2018) drafted a consent-based model with a regulator. 2. Long legislative road: The Personal Data Protection Bill, 2019 was withdrawn in August 2022, and a shorter draft followed. 3. Data economy and breaches: Over 100 crore internet connections (PIB, 2026), the 2022 AIIMS Delhi ransomware attack and the EU's GDPR made a law urgent.
Consent and notice
Data may be processed only with free, specific, informed consent, which can be withdrawn, or for listed legitimate uses.
Rights and duties
Data Principals can seek information, correction, erasure and grievance redress, but false complaints attract up to ₹10,000.
Fiduciary obligations
Fiduciaries must secure data and report breaches; Significant Data Fiduciaries appoint a Data Protection Officer and face audits.
Children's data
Under-18 data needs verifiable parental consent, and targeted advertising to children is barred.
Enforcement
The Data Protection Board can levy up to ₹250 crore per breach, with appeals to TDSAT, though State agencies may be exempted.
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Question from the official UPSC Civil Services (Main) Examination 2024 paper. Answer written by Ghissu's engine and checked against our editorial standards. Found an error? Tell us and we correct it within 48 hours.