The recently enacted Digital Personal Data Protection Act, 2023 (“DPA”) introduces a notable exemption in its applicability, exempting personal data of an individual that is made publicly available by the same individual. DPA itself provides a scenario as an illustration of this principle: an individual, X, while blogging her views, has publicly made available her personal data on social media. Consequently, the personal data of X published by her on social media would not fall within protective ambit of the DPA. This exclusion, we argue, significantly dilutes the primary objective of the DPA of safeguarding the right of individuals to protect their personal data.
Please click here to read the full article by Lalu John Philip and Krutamana Pisipati, published in ET Edge Insights.
