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Digital Personal Data Protection Act, 2023 UPSC NOTE

 


Provisions related to consent

  • There are two relevant provisions in the Digital Personal Data Protection Act, 2023. 

  • One says that you should be properly informed about what you are agreeing to and only clear positive actions by you (as opposed to silence) will be taken to indicate consent. 

  • But this strict provision is undercut by a second provision permitting use of your data if you have “voluntarily provided” it and “have not indicated” that you do not consent. 

  • The choice of words is telling. 

  • If you “have not indicated” refusal, governments and businesses can assume your consent for various uses without notifying you.

Concerns

  • May “provide”  data simply by visiting a public place or website, or making an online account.

  • After all, “provide” is not the same as “share” or “transfer”. 

  • This ambiguity will result in confusion in courts as well as business uncertainty about the correct standard for consent. 

  • In all likelihood, the weak standard will gobble up the strong one.

  • The act allows processing without consent when it is “for” (and not “necessary for”) certain legitimate uses. 

  • This small change in wording will make a huge difference in the actual level of protection provided.

When your data is processed without consent:

  • When your data is processed without consent, you will neither be notified of this nor subsequently be able to confirm it. 

  • If you somehow find out that your data is being used, you will not have the right to get incorrect data corrected or unnecessary data erased.

  • Data taken for one non-consensual purpose can be freely used for others. 

    • This is despite the fact that the Supreme Court of India has held principles such as necessity and purpose limitation to be a part of the right to informational privacy.

  • Others elsewhere have raised serious concerns about the way the new law deals with the rights to information and free speech, surveillance reform, and the regulatory structure. 

  • The issues may seem like legal technicalities, they are in fact conscious policy choices substantially diluting rights that could otherwise have been provided for.

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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Digital Personal Data Protection Act, 2023 UPSC NOTE
Digital Personal Data Protection Act, 2023 UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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