A Peak into DPDP

Sakshi Ankush Dhanawade
Sakshi Ankush Dhanawade
Intern, Policy and Advocacy
PUBLISHED ON
Sep 26, 2023
10

Introduction 

The Data Protection Data Privacy Act 2023 is the most essential step towards protecting, prioritising, and promoting the users’ privacy and data protection. The Act is designed to prioritize user consent in data processing while assuring uninterrupted services like online shopping, intermediaries, etc. The Act specifies that once a user provides consent to the following intermediary platforms, the platforms can process the data until the user withdraws the rights of it. This policy assures that the user has the entire control over their data and is accountable for its usage.

A keen Outlook 

The Following Act also provides highlights for user-specific purpose, which is limited to data processing. This step prevents the misuse of data and also ensures that the processed data is being for the purpose for which it was obtained at the initial stage from the user.

  1. Data Fudiary and Processing of Online Shopping Platforms: The Act Emphasises More on Users’ Consent. Once provided, the Data Fudiary can constantly process the data until it is specifically withdrawn by the Data Principal.
  • Detailed Analysis
  • Consent as a Foundation: The Act places the user's consent as a backbone to the data processing. It sets clear boundaries for data processing. It can be Collecting, Processing, and Storing, and must comply with users’ consent before being used.
  • Uninterrupted Data processing: With the given user consent, the intermediaries are not time-restrained. As long as the user does not obligate their consent, the process will be ongoing.

 

  1. Consent and Order Fulfillment: Consent, once provided, encloses all the activities related to the specific purpose for which it was meant to the data it was given for subsequent actions such as order fulfilment. 
  • Detailed Analysis
  • Purpose-Limited Consent: The consent given is purpose-limited. The platform cannot misuse the obtained data for its personal use.
  • Seamless User Experience: By ensuring that the user consent covers the full transactions, spared from the unwanted annoyance of repeated consent requests from the actual ongoing activities. 
  1. Data Retention and Rub Out on Online Platforms: Platforms must ensure data minimisation post its utilisation period. This extends to any kind of third-party processors they might take on.
  • Detailed Analysis
  • Minimization and Security Assurance: By compulsory data removal on post ultization,This step helps to reduce the volume of data platforms hold, which leads to minimizing the risk to data.
  • Third-Party Accountability, User Privacy Protection. 

Influence from Global frameworks

The impactful changes based on global trends and similar legislation( European Union’s GDPR) here are some fruitful changes in intermediaries and social media platforms experienced after the implementation of the DPDP Act 2023.

  1. Solidified Consent Mechanism: Platforms and intermediatries need to ensure the users’ consent is categorically given, and informed, and should be specific to which the data is obtained. This step may lead to user-friendly consent forms activities and prompts. 
  2. Data Minimizations: Platforms that tend to need to collect the only data necessary for the specific purpose mentioned and not retain information beyond its utility.
  3. Transparency and Accountability: Data collecting Platforms need to ensure transparency in data collecting, data processing, and sharing practices. This involves more detailed policy and regular audits.
  4. Data Portability: Users have the right to request for a copy of their own data used in format, allowing them to switch platforms effectively.
  5. Right to Obligation: Users can have the request right to deletion of their data, also referred to as the Right to be forgotten”.
  6. Prescribed Reporting: Under circumstances of data breaches, intermediary platforms are required to report the issues and instability to the regulatory authorities within a specific timeline.
  7. Data Protection Authorities: Due to the increase in data breaches, Large platforms indeed appoint data protection officers, which are responsible for the right compliance with data protection guidelines.
  8. Disciplined Policies: Non-compliance might lead to a huge amount of fines, making it indispensable to invest in data protection measures.
  9. Third-Party Audits: Intermediaries have to undergo security audits by external auditors to ensure they are meeting the expeditions of the following compliances.
  10. Third-Party Information Sharing Restrictions: Sharing personal information and users’ data with third parties (such as advertisers) come with more detailed and disciplined guideline and user consent.

Conclusion 

The Data Protection Data Privacy Act 2023 prioritises user consent, ensuring uninterrupted services and purpose-limited data processing. It aims to prevent data misuse, emphasising seamless user experiences and data minimisation. Drawing inspiration from global frameworks like the EU's GDPR, it introduces solidified consent mechanisms, transparency, and accountability. Users gain rights such as data portability and data deletion requests. Non-compliance results in significant fines. This legislation sets a new standard for user privacy and data protection, empowering users and holding platforms accountable. In an evolving digital landscape, it plays a crucial role in ensuring data security and responsible data handling.

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PUBLISHED ON
Sep 26, 2023
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