The Digital Personal Data Protection Act (DPDP) of 2023 aims to give consumers more control over their personal data and imposes stricter obligations on organizations processing such data. It regulates data processing to protect individual rights while allowing lawful data use.
Consumer Rights under the DPDP Act:
1. Right of Access:
• Consumers can obtain information from the data fiduciary about their personal data, its processing, and any sharing with third parties.
2. Right to Correction:
• Consumers can request the correction of errors or omissions in their personal data or update it promptly.
3. Right to Erasure:
• Consumers can request the deletion of their personal data, including data held by third-party processors.
Conditions for Applicability:
The DPDP Act applies to organizations that:
• Process digital personal data identifying the data principal.
• Collect data digitally.
• Process personal data within India or outside in connection with activities providing goods or services to people in India.
Examples of Application:
1. Right of Access Example:
• If an individual wants to know what personal data an online retailer holds about them, they can request this information from the retailer.
2. Right to Correction Example:
• If an individual notices their address is incorrect in a service provider’s database, they can request an update to reflect the correct address.
3. Right to Erasure Example:
• If an individual no longer wants a social media platform to hold their personal data, they can request its deletion from the platform and any associated third parties.
The DPDP Act of 2023 represents a significant step towards protecting personal data in India, ensuring individuals’ rights are respected and data is processed lawfully.
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