Data Protection & Privacy in India: Emerging User Perspectives under DPDPA

The Act seeks to regulate collection, processing, and storage of personal data, while balancing the interests of individuals, businesses, and the state. A recent survey of 428 Indian Internet users highlights growing public concern over consent, control, and surveillance, revealing gaps in awareness and trust, particularly regarding state exemptions and data access powers. Understanding these perspectives is crucial for designing policies that are both enforceable and socially acceptable.

Overview of DPDPA & Key Provisions

Intro: The DPDPA establishes a framework for personal data protection, drawing on global best practices while adapting to India’s socio-economic context.

Applicability: Covers data fiduciaries (entities that process personal data) and data principals (individuals whose data is processed).

Key Rights for Individuals:

Right to consent and withdraw consent.

Right to correction, erasure, and data portability.

Right to be informed about processing purposes and sharing.

Obligations for Data Fiduciaries:

Ensure lawful processing with minimal collection.

Implement privacy by design and maintain records of processing.

Report data breaches within prescribed timelines.

State Exemptions:

Government agencies can access personal data for sovereignty, public order, and security purposes.

These exemptions have raised concerns about surveillance and misuse, particularly in light of increasing digital governance initiatives.

The DPDPA thus attempts to balance individual privacy with national interests, but enforcement mechanisms remain a work in progress.

Empirical Insights: Internet Users’ Privacy Attitudes

Intro: Recent survey data sheds light on Indian users’ perceptions of privacy and trust in digital systems.

Awareness Levels:

Only 46% of respondents were aware of the DPDPA or its provisions.

A significant proportion rely on default privacy settings rather than actively managing personal data.

Consent & Control:

About 55% of users expressed concern over giving consent to apps or platforms.

Many users were skeptical about the real enforceability of consent withdrawal or data deletion.

Trust Deficit:

Users are generally more confident in private companies than state agencies to protect data.

State exemptions in DPDPA were perceived as potential loopholes for mass surveillance, especially in sensitive sectors like health, finance, and communications.

Behavioral Trends:

Limited awareness leads to over-sharing of personal data, often unintentionally.

Privacy-conscious users adopt VPNs, encrypted messaging apps, and anonymization tools, but these remain a minority.

These insights highlight a critical gap between legislative intent and public perception, which must be addressed for effective implementation.

Tensions Between State Powers & User Rights

Intro: A key challenge in India’s data ecosystem is balancing national interests with individual privacy rights.

Exemptions vs. Surveillance Risks:

While exemptions allow state agencies to act during law enforcement or national security events, they create perception of unchecked surveillance.

Judicial & Oversight Mechanisms:

India currently lacks a robust independent data protection authority, though the DPDPA mandates a Data Protection Board.

Effective oversight, including judicial review, audits, and transparency reports, is necessary to maintain public trust.

Global Comparisons:

GDPR in Europe imposes strict limits on state exemptions, emphasizing proportionality and necessity.

India’s approach is more flexible but requires safeguards to prevent arbitrary access.

Resolving this tension is critical to ensure citizens’ trust in both government and private digital services.

Way Forward: Strengthening Trust & Oversight

Intro: To make the DPDPA effective, India must combine legal rigor, public awareness, and institutional robustness.

Enhancing Awareness & Digital Literacy:

Nationwide campaigns to educate citizens on rights, consent, and grievance redressal.

Integrating data privacy modules in school and higher education curricula.

Strengthening Oversight:

Operationalize a truly independent Data Protection Board with powers for audits, penalties, and adjudication.

Mandatory transparency reports for both government agencies and private entities.

Encouraging Privacy-First Innovation:

Incentivize companies to adopt privacy-by-design models, minimizing data collection and maximizing security.

Periodic Review of State Exemptions:

Clear criteria and reporting requirements for government access to data.

Independent review to ensure exemptions are proportionate and time-bound.

Global Alignment & Cooperation:

Harmonization with international standards (like GDPR, APPI) facilitates cross-border data flows while ensuring rights protection.

These measures can bridge the gap between legislation, public perception, and technological realities, fostering a trustworthy digital ecosystem.

Conclusion

India’s DPDPA represents a landmark step in data governance, but its success will hinge on public awareness, institutional oversight, and checks on state powers. Survey findings indicate that citizens are concerned about privacy, particularly regarding government access and enforcement gaps. Strengthening regulatory frameworks, promoting privacy-conscious behavior, and ensuring transparency and accountability will be crucial to protect user rights while enabling digital innovation and governance.