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The Digital Personal Data Protection Act, 2023 operationalizes the right to privacy recognized in Puttaswamy case by imposing obligations on data fiduciaries to process personal data only for lawful purposes with consent, and establishing a Data Protection Board for enforcement.
- True
- False
Answer: True
Data protection and privacy rights: (a) Puttaswamy (2017): Recognized informational privacy as part of Article 21; state/corporate data processing subject to proportionality test, (b) DPDP Act, 2023 operationalization: (i) Lawful purpose: Data processing must have legitimate aim, (ii) Consent: Free, specific, informed, unconditional, withdrawable consent required (with exceptions for state functions), (iii) Data minimization: Collect only necessary data, retain only as long as needed, (iv) Security safeguards: Technical, organizational measures to prevent breaches, (v) Individual rights: Access, correction, erasure, grievance redressal, right to nominate, (c) Institutional mechanism: Data Protection Board of India for adjudication, enforcement, penalties (up to ₹250 crore), (d) Exemptions: State functions (security, public order, research), personal/domestic use, (e) Applications: (i) Digital governance: Aadhaar, UPI, DigiLocker must comply with DPDP principles, (ii) Corporate compliance: Tech companies, banks, healthcare providers adapt data practices, (iii) Citizen empowerment: Awareness of rights, consent mechanisms, redressal procedures, (f) Challenges: (i) Implementation: Rules under consultation; Board not yet constituted, (ii) Balance: Innovation, security vs. privacy rights; proportionality ensures calibrated approach, (g) Illustrates rights operationalization: Constitutional principle (privacy under Article 21) translated into statutory framework (DPDP Act) with institutional mechanisms for enforcement.