Why in the News?
The Delhi High Court has issued notice to the Union Government on a petition challenging certain provisions of the Digital Personal Data Protection Act, 2023, alleging excessive executive control and violation of constitutional rights.
About the Digital Personal Data Protection Act, 2023
Objective
- To regulate processing of digital personal data.
- To protect individual privacy while enabling lawful data use.
Key Features
- Applies to digital personal data processed in India.
- Establishes a Data Protection Board of India.
- Provides rights to Data Principals.
- Imposes obligations on Data Fiduciaries.
- Allows certain exemptions for government agencies.
Grounds of Challenge in the Petition
- The plea challenges Sections 17, 18, 19, 20, 21, 23, 29, 30, 36, 37, 39, 40 and 44.
Major Concerns Raised
- Unchecked Executive Access
- Broad exemptions for the State.
- Alleged scope for surveillance.
- Blocking Without Hearing
- Lack of procedural safeguards.
- Absence of Meaningful Consent
- Questioning adequacy of consent framework.
- Opaque Exemptions
- Wide discretionary powers.
- Impact on RTI
- Alleged dilution of the Right to Information Act, 2005.
- Adjudicatory Structure
- Data Protection Board under executive control.
- Appeals lie before the Telecom Disputes Settlement and Appellate Tribunal.
- Section 39 bars jurisdiction of civil courts.
| [2024] Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?
(a) Article 15 (b) Article 16 (c) Article 19 (d) Article 21 |
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