Contours of data protection in India: the consent dilemma

Collaco, Aafreen Mitchelle (2024) Contours of data protection in India: the consent dilemma. International Review of Law, Computers & Technology. ISSN 1360-0869 (In Press)

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Abstract

Amid the rapid advancement of digital technology in India, there is a growing concern regarding data protection and digital privacy. The recent DPDP Act 2023 also reflects the significant emphasis on a robust privacy practice. This paper examines the effectiveness of consent, a crucial principle and a subject of many debates in data privacy regimes. Despite being a cornerstone of privacy regimes globally, the consent-based approach has significant limitations. For instance, its binary character allows for a yes or no response and its inability to guarantee data subjects to make an informed choice. The study is set against the prominent data breaches and the Indian Government’s effort to strengthen data protection measures. The study also examines the theoretical and legal aspects of consent by analysing the fundamental ideas that form the basis of the DPDP Act, 2023, protecting the consent framework. It questions whether the current form of the Act aligns with the landmark Privacy Judgement. It concludes by exploring alternative and more adaptable mechanisms for implementing informational privacy that might effectively address the specific issues in the Indian context while taking inspiration from other jurisdictions like the EU.

Item Type: Article
Keywords: Data protection | Consent | Information privacy
Subjects: Physical, Life and Health Sciences > Computer Science
Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 29 Jun 2024 05:42
Last Modified: 29 Jun 2024 05:42
Official URL: https://doi.org/10.1080/13600869.2024.2364991
URI: https://pure.jgu.edu.in/id/eprint/8016

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