The Digital Personal Data Protection Act, 2023

Legislative History: The Digital Personal Data Protection Act, 2023 Source: Official Record of Parliament, India Code, and Ministry of Electronics and Information Technology Act Title - The Digital Personal Data Protection Act, 2023 Act Number - Act No. 22 of 2023 Act ID (India Code) - 202322 Presidential Assent date - August 11, 2023 Enforcement Date - August 11, 2023 Nodal Ministry - Ministry of Electronics and Information Technology Precedent & Historical Rationale ● First Comprehensive Data Privacy Framework: Establishes India’s first dedicated, primary statutory regime for the processing of digital personal data, giving legislative form to the fundamental right to privacy affirmed in K.S. Puttaswamy v. Union of India (2017). ● Data Fiduciaries & Data Principals: Outlines clear legal grounds for processing personal data (based on consent or "certain legitimate uses"), defines rights and duties of individuals (Data Principals), and establishes strict obligations for processing entities (Data Fiduciaries and Significant Data Fiduciaries). ● Establishment of DPBI & Penalty Structure: Creates the Data Protection Board of India (DPBI) as an adjudicatory body to investigate breaches and impose statutory penalties of up to ₹250 crore per instance, replacing criminal penalties with civil monetary adjudications. Parliamentary Trajectory & Enactment ● Formulation: Emerging from years of drafting rounds (including the Srikrishna Committee report, the Personal Data Protection Bill, 2019, and subsequent withdrawals), it was introduced as the Digital Personal Data Protection Bill, 2023 by the Union Minister of Electronics and IT, Shri Ashwini Vaishnaw. ● Parliamentary Passage: Introduced in the Lok Sabha on August 3, 2023; passed by the Lok Sabha on August 7, 2023; and passed by the Rajya Sabha on August 9, 2023. ● Presidential Assent: Received the assent of the President of India on August 11, 2023. ● Enforcement: Enforced on August 11, 2023.