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8447444694
contact@stellateconsultants.com
The Digital Personal Data Protection Act, 2023 is something that has been in talks for a long time. It was not an overnight decision made by the legislation of India.
Supreme Court calls Right to Privacy a Fundamental Right
On August 24, 2017, the Honourable Supreme Court of India passed a landmark decision where it gave the Right to Privacy verdict. It said that the right to privacy is a fundamental right given to an individual under the Constitution of India. In the case of Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors, the court held that Right to Privacy is a fundamental right protected under Article 21 and Part III of the Indian Constitution.

The Indian government proposed the Personal Data Protection Bill, 2019 (PDP Bill 2019) to safeguard individuals’ personal data and establish a Data Protection Authority. Compared to the 2018 draft, the 2019 version included new features like the government’s power to exempt agencies and the “Right to be Forgotten,” which allows individuals to request the deletion of their data.
It was tabled in Lok Sabha in 2019 but was withdrawn on August 3, 2022.
On November 18, 2022, Ministry of Electronics and Information Technology, shortened to MEITy, released the Digital Personal Data Protection Bill, 2022 for public consultation.
On July 5, 2023, the Cabinet approved the Digital Personal Data Protection Bill with some changes. This revised version was named the Digital Personal Data Protection Bill, 2023.
On August 3, 2023, exactly one year after the DPDP Bill, 2019 was withdrawn, DPDP Bill 2023 was introduced in Lok Sabha. Four days later, on August 7, the bill was passed by Lok Sabha.
Then, it was introduced in the Rajya Sabha, the upper house of Parliament of India. On August 9, the Bill was passed by Rajya Sabha. On August 11, 2023, the bill was approved by the Honourable President of India. This made the DPDP Bill the Digital Personal Data Protection Act, 2023.
In January, 2025, the Ministry of Electronics and Information Technology (MEITy) released the draft rules for the Digital Personal Data Protection Act, 2023. These rules elaborate on how specific provisions of the Act will be implemented. Public comments on the draft rules are being accepted until March 5, 2025.
The Digital Personal Data Protection Act, 2023, though passed, requires further steps for its enforcement. As of February 2025, the act is yet to be enforced.