← 2 November 2026's Current Affairs · Polity GA Prelims ★★★★☆ Mains ★★★☆☆
Challenge to the Digital Personal Data Protection Act, 2023
ଖବରରେ କାହିଁକି?
Can privacy shield public officials from scrutiny? The DPDP Act 2023 terms Prelims expects you to know
DPDP Act, 2023 faces court challenge over scrutiny of public functionaries.
Why it matters: asked in UPSC 2018
What you need to know
2 ମିନିଟ
The Digital Personal Data Protection Act, 2023 faces a legal challenge, with a focus on whether public functionaries can use privacy to resist scrutiny.
The Act governs processing of digital personal data, creates the Data Protection Board of India and names individuals Data Principals and entities Data Fiduciaries.
ଉତ୍ସ: Topper IAS editorial (PIB / The Hindu / Indian Express)
ମୁଖ୍ୟ ତଥ୍ୟ
Remember these
- Digital Personal Data Protection Act, 2023 governs processing of digital personal data
- It creates the Data Protection Board of India
- The individual is the Data Principal; the entity determining purpose and means of processing is the Data Fiduciary
- The legal challenge focuses on whether public functionaries can use privacy to resist scrutiny
- Privacy is a fundamental right under Article 21 (Puttaswamy, 2017)
ପ୍ରିଲିମ୍ସ · ମେନ୍ସ
How the exam will ask it
ପ୍ରିଲିମ୍ସ
- The DPDP Act, 2023 provides for the establishment of the Data Protection Board of India.
- The Act applies to digital personal data, including personal data collected offline and later digitised.
- A Data Principal is the individual to whom the personal data relates; a Data Fiduciary determines the purpose and means of processing.
ମେନ୍ସ
GS2 Governance / GS3 Cyber security: The challenge raises the tension between the right to privacy (Article 21) and transparency, since public functionaries may invoke data protection to resist scrutiny and weaken the RTI framework. The DPDP Act, 2023 sets duties for Data Fiduciaries and a Data Protection Board, but exemptions and the privacy-versus-accountability balance are contested. The way forward is a clear public-interest carve-out, proportionality tests per Puttaswamy, and harmonising the Act with the RTI Act.
PYQ connection
A question UPSC has already asked on this
Consider the following statements:
- 'Right to Privacy' is protected under Article 21 of the Constitution
- In digital economy, privacy of an individual is subject to a reasonable restriction that can be imposed by the state
- The Parliament is empowered to make laws for implementing directive principles of state policy
Which of the statements given above is/are correct?
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
ଉତ୍ତର ଦେଖନ୍ତୁ
ଉତ୍ତର: D
Why this matters: today's issue is directly connected to a concept UPSC has already tested. Read the story with this question in mind.
Practise this PYQ →Quick recall
Answer before you reveal
A challenge to the Digital Personal Data Protection Act, 2023 is under judicial scrutiny. Consider the following statements about the Act:
- It provides for the establishment of the Data Protection Board of India.
- It applies only to personal data collected in offline form.
- It uses the terms Data Principal for the individual and Data Fiduciary for the entity that determines the purpose of processing.
How many of the above statements are correct?
- Only one
- Only two
- Only three
- None
ଉତ୍ତର ଦେଖନ୍ତୁ
ଉତ୍ତର: B — Correct: Only two — Statements 1 and 3 are correct; statement 2 is false because the Act covers digital personal data. • Only one — wrong: Two statements are correct, not just one: statements 1 and 3 both hold. • Only three — wrong: Statement 2 is false, so not all three can be correct. • None — wrong: Statements 1 and 3 are correct, so 'None' cannot be the answer.
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