DATA PROTECTION
Preparing for India’s new data protection laws FURTHER EVIDENCE EMERGES OF INDIA’S MOVE TOWARDS INTERNATIONAL LEGAL NORMS WITH THE PASSAGE OF THE COUNTRY’S DIGITAL PERSONAL DATA PROTECTION ACT
I ndia’s perennial quest for an overarching personal data protection law ended on 11 August, 2023 when both Houses of the Parliament passed The Digital Personal Data Protection Act 2023 (the “DPDP Act”). The President gave her assent a few days later and the DPDP Act was notified in the official gazette days before India’s 76th Independence Day. Although the DPDP Act is yet to come into force and granular rules are being framed as we pen this, it stands as a culmination of events that started in 2017 with the landmark judgement of the Supreme Court of India in Justice K.S. Puttaswamy v. Union of India . 1 In this case, privacy was held to be a fundamental right 1 Writ Petition (Civil) No. 494 of 2012
under the Indian Constitution, equivalent to the fundamental right to life and personal liberty itself. Some key concepts under the DPDP Act reflect privacy legislation across the world, and key themes such as “Data Fiduciary” (data controller); “Data Principal” (data subject); “Data Controller” and “Personal Data” are present in the DPDP Act. However, as is true with any privacy legislation, the DPDP Act comes with its own unique set of requirements which may not be covered by other global privacy legislations applicable to an organisation. Hence, gaming operators will need to comply with the DPDP
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IMGL MAGAZINE | JANUARY 2024
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