India’s 2023 data privacy Act: Business/government friendly, consumer hostile

The government can collect much personal data without consent and restrict transfer of personal data to any overseas country. Graham Greenleaf analyses the impact of the new law.

Suddenly, it was completed. Within a week of introduction into Parliament, India’s Digital Personal Data Protection Act, 2023(1) was passed by both houses with no debate, and no requirement of committee consideration. It received Presidential assent on 11 August 2023. The Act, or particular provisions, will come into force on dates notified in the Official Gazette. India’s Minister for Electronics and IT says the government may allow as little as six months for compliance, but not as long as two years, after consultation with industry.(2)

Other than the United States, India has until now been the most significant country, economically and politically, not to have a comprehensive data ­privacy law.

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