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ARTICLE · 21 DECEMBER 2022

The Draft Digital Personal Data Protection Bill, 2022: Version Four

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On November 18, 2022, the Ministry of Electronics and Information Technology released the fourth iteration of India's draft data protection law, the Digital Personal Data Protection Bill, 2022.

IndiaPrivacy
Namita Viswanath
Namita Viswanath
Naqeeb Ahmed Kazia
Naqeeb Ahmed Kazia
Ruhi Kanakia
Ruhi Kanakia
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  1. INTRODUCTION

1.1. On November 18, 2022, the Ministry of Electronics and Information Technology released the fourth iteration of India's draft data protection law, the Digital Personal Data Protection Bill, 2022 ("Bill"). With the aim of simplification, the Bill has reduced the number of provisions from 90+ sections (as was in the draft Data Protection Bill, 2021, as recommended by the expert committee) to 30 sections. While the business-friendly outlook of the Bill has been welcomed, criticisms have been raised by industry that the simplification is excessive.

1.2. The Bill also fails to recognize the fundamental right to privacy of individuals, which is in contrast with the previous iterations of the Bill (as established in the case of K.S. Puttaswamy v. Union of India1). This is an irony, considering the fact that the Bill is the outcome of an exercise undertaken to safeguard the right to privacy of individuals. Further, the Bill also narrows the scope of

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