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Informative Article | Law | India | Volume 13 Issue 5, May 2024 | Popularity: 5 / 10

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Fundamental Rights and Data Protection (Balancing Innovation and Privacy in Light of Digital Personal Data Protection Act, 2023)

Dr. Amit Mishra

Abstract: In the digital era, the convergence of innovation and privacy has become a pivotal concern, prompting the need for a delicate equilibrium. This article examines the intricate interplay between fundamental rights, innovation, and privacy within the framework of the Digital Personal Data Protection Act, 2023 recently enacted by the Indian government. Recognizing privacy as a fundamental right by the Indian Constitution catalyzed the inception of the DPDP Act, underscoring the need to harmonize data protection with technological progress. Through a comprehensive analysis of the DPDP Act?s provisions, this article explores how it addresses the balance between fostering innovation and safeguarding privacy. It delves into key aspects including the Act?s approach to data localization, its alignment with innovative technologies, and its mechanisms for accountability and enforcement. By examining relevant case studies and the Puttaswamy judgment on Aadhaar, this article sheds light on the real-world challenges faced by organizations navigating this balance. In forecasting future trends, the article emphasizes the dynamic nature of data protection and its evolution in response to emerging technologies. Ultimately, the article underscores the critical imperative of upholding fundamental rights while fostering innovation, charting a course toward a future where the benefits of technological progress thrive in harmony with individual privacy.

Keywords: Data Protection, Privacy, Digital Personal Data Protection Act 2023, DPDP Act, Fundamental Rights, Technological Advancements, Data Localization, Cross-Border Data Flows, Puttaswamy Judgment, Personal Data, Data Processing

Edition: Volume 13 Issue 5, May 2024

Pages: 332 - 337

DOI: https://www.doi.org/10.21275/MR24504204804

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