"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Thursday, January 18, 2024

India Postpones Bringing Into Effect the Digital Personal Data Protection Framework

 India enacted the Digital Personal Data Protection Act, 2023 ("DPDPA" or "Act") and the statute has been published in the Official Gazette. The Act along with the regulatory framework is yet to be brought to force. Section 1(2) of the Act reads:

"(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision."

The Central Government is yet to notify the date on which the provisions of the Act would come into force. 

From media reports (here and here), it initially appeared that the Government was making rules and the same would be published and the regulatory framework would be brought into effect by January 2024. However, media reports now (here and here) suggest that the Government has postponed its decision to make the Act and the regulatory framework effective to post-elections, which are generally held in the months of April/ May. 

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