09/13/2025

Upcoming Digital Personal Data Protection Act, 2023 & HR Challenges

Upcoming Digital Personal Data Protection Act, 2023 & HR Challenges
While staff need to understand and implement good data protection practices, it is the responsibility of the Data Fiduciary to ensure that they do so and have the means, including, where appropriate, devices such as shredders, & deliver the required standard of protection.

“An Act to provide for the processing of digital personal data in a manner that recognises both the right of individuals to protect their personal data and the need to process such personal data for lawful purposes and for matters connected therewith or incidental thereto”

Introduction:

The ‘right to privacy’ is a fundamental human right that is recognized in the Universal Declaration of Human Rights 1948 (UDHR), as well as in many other international and regional treaties.

The idea of privacy in itself may be seen from two different perspectives. The information or personal data & protection, and the extent to which it is shared with other parties.

Judicial activism of the Constitutional courts, which is interesting, played a decisive role in the inclusion of the right to privacy. The Supreme Court, MP Sharma v Satish Chandra, (1954) 1 SCR 1077, Kharak Singh v. State of U.P and others, 1964 SCR (1) 332 had pronounced that “Right To Privacy” is not...

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K. Vittala Rao

is Legal & Management Consultant, Bangalore.

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K. Vittala Rao

is Legal & Management Consultant, Bangalore.

September 2025

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