What is the purpose of the Digital Personal Data Protection Act, 2023. What are the key provisions under Section 3 regarding the applicability and non-applicability of the Act to the processing of digital personal data ?

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2024
What is the purpose of the Digital Personal Data Protection Act, 2023. What are the key provisions under Section 3 regarding the applicability and non-applicability of the Act to the processing of digital personal data ? X, an individual, while blogging her views, has publicly made available her personal data on social media. Do the provisions of this Act apply on her?

Answer & Explanation:

Purpose of the Digital Personal Data Protection Act, 2023 (DPDP Act): The primary purpose of the Digital Personal Data Protection Act, 2023, is to provide a law relating to the processing of digital personal data in a manner that recognizes both the right of individuals to protect their personal data and the need to process such personal data for lawful purposes, and for matters connected therewith or incidental thereto. Key Provisions under Section 3 regarding Applicability and Non-Applicability: According to Section 3, subject to the provisions of this Act, it shall: Applicability: Within India (Section 3(a)): Apply to the processing of digital personal data within the territory of India where the personal data is collected: in digital form; or in non-digital form and digitized subsequently. Outside India (Section 3(b)): Also apply to processing of digital personal data outside the territory of India, if such processing is in connection with any activity related to offering of goods or services to Data Principals within the territory of India. Non-Applicability (Section 3(c)): The Act shall not apply to: Personal data processed by an individual for any personal or domestic purpose. Personal data that is made or caused to be made publicly available by: the Data Principal to whom such personal data relates; or any other person who is under an obligation under any law for the time being in force in India to make such personal data publicly available. Application to X's situation: X, an individual, while blogging her views, has publicly made available her personal data on social media. As per Section 3(c)(ii), the provisions of this Act do not apply to personal data that is made or caused to be made publicly available by the Data Principal (X herself in this case). Since X has publicly made her personal data available on social media through blogging, the DPDP Act will not apply to her in this specific context. Conclusion: The provisions of the Digital Personal Data Protection Act, 2023, do not apply to X's publicly available personal data on social media, as it falls under the exemption for data made publicly available by the Data Principal.

Topics: Digital Personal Data Protection Act, 2023

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