I. BACKGROUND
On August 3, 2023, the Digital Personal Data Protection Bill,
2023 ("DPDP Bill") was introduced by the
Central Government in the Indian Parliament. The DPDP Bill is the
fifth iteration of the personal data protection legislation and
appears to be based on the draft Bill released by the Ministry of
Electronics and Information Technology on November 18, 2022, titled
Digital Personal Data Protection Bill, 2022, which was open for
public consultations. The DPDP Bill focuses on digital personal
data and does not apply to non-personal data. Once enacted, the
DPDP Bill will replace Section 43A of the Information Technology
Act, 2000 ("IT Act") and the Information
Technology (Reasonable Security Practices and Procedures and
Sensitive Personal Data of Information) Rules, 2011
("SPDI Rules").