2.1.11 Outsourcing of Data and Breach of Privacy under Digital Data Protection Act, 2023
Jayprakash Mishra,
Assistant Professor, School of Law, Centurion University of Technology and Management, Bhubaneswar, Odisha, India
Anuradha Kar,
Research Associate, Office of Ld. Advocate General, State of Odisha
DoI: CJBES/ Vol.2.1/ June-2025…
Abstract:
Right to privacy under art 21 of the Indian constitution speaks about the right to life and personal liberty, which has received formal recognition in the case retd. Justice K.S. Puttaswamy v UOI. Major technology giants and social media platforms work on an international level by creating and using data from Indian citizens. This unauthorized use of data creates a grey zone in international law between two countries which has not been addressed in the said act. The digital divide and absence of an international regulatory framework poses a threat to the privacy of data proprietor. The issue of jurisdiction in matters relating to unlawful date trading in cross border is also a matter of concern. The absence of multi-lateral treaties in this regard is also to be discussed.
The goal of the proposed Digital Personal Data Protection Rules is to defend citizens’ rights to have their personal information protected. In keeping with India’s pledge to provide a strong framework for safeguarding digital personal data, these regulations aim to operationalize the Digital Personal Data Protection Act, 2023 (DPDP Act). In line with the DPDP Act, they aim to uphold the rights of citizens while striking the ideal balance between innovation and regulation, ensuring that everyone may profit from India’s expanding innovation ecosystem and digital economy. They also deal with particular issues including unauthorized commercial data use, digital damages, and breaches of personal data.
Keywords:
Right to Privacy, Digital Personal Data Protection Act (DPDP) 2023, Cross-Border Data Jurisdiction, Unauthorized Data Use, International Regulatory Framework.