PRS · Ministry of Electronics and Information Technology · 2024-08-15

Digital Personal Data Protection Act: Statutory Analysis & Cross-Border Compliance Architecture

Distilled Policy Brief

Establishes Data Protection Board of India (DPBI) as an adjudicatory mechanism for non-compliance with penalties up to ₹250 crore per breach.
Defines Data Fiduciaries and Significant Data Fiduciaries (SDFs) with obligations of Data Protection Officers (DPOs) and periodic Data Protection Impact Assessments.
Permits cross-border transfer of personal data to notified jurisdictions under a negative listing regime, departing from earlier strict data localisation mandates.

🎯 Prelims High-Yield Examination Points

DPBI adjudicates civil penalties (up to ₹250 Cr); exemptions apply to state instrumentalities under Article 19(2) grounds; negative list for cross-border data transfer.

⚖️ Mains Analytical & Syllabus Linkages

Balance between individual right to privacy (K.S. Puttaswamy doctrine) vs executive power under Section 17 exemptions. Examine institutional autonomy of the DPBI.

🏛️ Historical Twin PYQ Anchor (2021)

UPSC Prelims 2021

Consider the following statements regarding the "National Clean Air Programme (NCAP)": 1. It is implemented by the Ministry of Environment, Forest and Climate Change. 2. Central Pollution Control Board acts as the sole regulatory executive body.

Forensic Anchor: Cabinet Allocation of Business Rules & NCAP Framework

Examiner Trap Takeaway: UPSC swapped Central Pollution Control Board role with State Pollution Control Boards for state-level monitoring.