The Digital Personal Data Protection Bill, 2022 – An Analysis

Introduction

The draft Digital Personal Data Protection Bill, 2022 ("DPDPB") was released on November 18, 2022 by the Ministry of Electronics and Information Technology ("MeitY") for public consultation, pursuant to its withdrawal of the draft Personal Data Protection Bill 2019 ("PDPB 2019") in August 2022. MeitY has significantly altered the framework of DPDPB compared to the PDPB 2019, though there are important aspects that MeitY has sidestepped.

Meanwhile, one of the most concerning issues with DPDPB is the fact that the provisions cover a basic framework for data protection and privacy, leaving it largely for the Central Government to assess and notify further protections at a later stage, as and when deemed necessary. This not only puts the ambit of governmental scrutiny with a wider reach but also prevents adequate protection of fundamental rights to privacy and protection.