International Journal on Science and Technology

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Evaluating the Limitations of the Digital Personal Data Protection Act,2023: A Critical Analysis

Author(s) Dr.V.Prabha
Country India
Abstract The Digital Personal Data Protection Act,2023 (DPDPA) was introduced to safeguard individuals' personal information and regulate how organizations process and store such data. However, its effectiveness in achieving these objectives has been widely questioned. This article critically examines the inherent weaknesses in the DPDPA and how these shortcomings have rendered it fruitless in protecting data in the modern digital era.
One major flaw lies in the DPDPA's inability to keep pace with rapidly developing technologies and new data collection practices. With the rise of artificial intelligence, big data analytics, and cloud computing, vast amounts of personal information are being collected, processed, and shared, often without users' unequivocal consent or knowledge. The Act’s static dogmatic framework struggles to address such complex and dynamic data flows, leaving individuals vulnerable to privacy breaches.
Another issue is the ambiguity in enforcement mechanisms and accountability measures. Many organizations exploit loopholes in the legislation, leading to minimal compliance or superficial measures that fail to ensure meaningful data protection. Moreover, regulatory bodies often lack the resources or expertise needed to monitor compliance effectively, creating an enforcement gap that diminishes the DPDPA's deterrent effect.
The Act also falls short in educating individuals about their data rights and empowering them to take control over their personal information. Many individuals remain ignorant of how their data is collected and used, disheartenment the DPDPA's aim of fostering clearness and trust.
This article highlights case studies where the DPDPA has failed to prevent large-scale data breaches and explores how these failures have eroded public confidence in regulatory frameworks. It concludes by recommending reforms to strengthen the Act, such as adopting more dynamic legislative approaches, enhancing enforcement capabilities, and aligning domestic laws with international standards like the General Data Protection Regulation (GDPR). Without such changes, the DPDPA will continue to fall short of its goal to protect personal data in a digital world.
Field Sociology > Administration / Law / Management
Published In Volume 16, Issue 1, January-March 2025
Published On 2025-01-21
Cite This Evaluating the Limitations of the Digital Personal Data Protection Act,2023: A Critical Analysis - Dr.V.Prabha - IJSAT Volume 16, Issue 1, January-March 2025. DOI 10.71097/IJSAT.v16.i1.1491
DOI https://doi.org/10.71097/IJSAT.v16.i1.1491
Short DOI https://doi.org/g82pbk
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