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It has been found that cybercrimes and threats to women online are rising by the day, so that they are the prime targets of some sensitive crimes like revenge pornography and sextortion. Reasons causing this are not only economical, but also social and cultural, that prevent women from using the internet and issues like trolling that pop up when one uses it too often. With the development of a more advanced and digital age , it is of paramount importance to break this gender divide and create awareness among internet users, to help curb the threats and problems associated with the internet and its usage, and also pave a path to reap the benefits of these great technological advancements.

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DPDP Bill 2023 A Comparative Analysis

THE DIGITAL PERSONAL DATA PROTECTION BILL, 2022

 

Released for Public Consultation on November 18, 2022

 THE DIGITAL PERSONAL DATA PROTECTION BILL, 2023

 

Tabled at LokSabha on August 03. 2023

 
Personal data may be processed only for a lawful purpose for which an individual has given consent.  Consent may be deemed in certain cases. The 2023 bill imposes reasonable obligations on data fiduciaries and data processors to safeguard digital personal data.

 
There is a Data Protection Board under the 2022 bill to deal with the non-compliance of the Act. Under the 2023 bill, there is the Establishment of a new Data Protection Board which will ensure compliance, remedies and penalties.

Under the new bill, the Board has been entrusted with the power of a civil court, such as the power to take cognisance in response to personal data breaches, investigate complaints,  imposing penalties. Additionally, the Board can issue directions to ensure compliance with the act.
The 2022 Bill grants certain rights to individuals, such as the right to obtain information, seek correction and erasure, and grievance redressal.

 

 The 2023 bill also grants More Rights to Individuals and establishes a balance between user protection and growing innovations. The bill creates a transparent and accountable data governance framework by giving more rights to individuals. In the 2023 bill, there is an Incorporation of Business-friendly provisions by removing criminal penalties for non-compliance and facilitating international data transfers.  

 

The new 2023 bill balances out fundamental privacy rights and puts reasonable limitations on those rights.
Under the 2022 bill, Personal data can be processed for a lawful purpose for which an individual has given his consent.  And there was a concept of deemed consent.

 

 

 

 The new data protection board will carefully examine the instance of non-compliance by imposing penalties on non-compiler.

The bill does not provide any express clarity in regards to compensation to be granted to the Data Principal in case of a Data Breach.

 

Under 2023 Deemed consent is there in its new form as ‘Legitimate Users’.
The 2022 bill allowed the transfer of personal data to locations notified by the government. There is an introduction of the negative list, which restricts cross-data transfer.

 

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