The Indian Data Protection Seems A Mystery

The value of personal data has become increasingly apparent in the digital age, with companies leveraging it for targeted advertising, product development, and other commercial purposes. However, this value often isn't fully recognized or compensated by the individuals who generate the data.

Governments play a crucial role in regulating the collection, use, and protection of personal data to ensure that individuals' privacy rights are respected and that data is handled responsibly. Governments have faced challenges in keeping pace with the rapid evolution of technology and the data-driven economy. It takes time for regulatory frameworks to be developed and implemented effectively, and in many cases, regulations may lag behind technological advancements.

Furthermore, the concept of ownership and control of personal data is complex. While individuals are often considered the owners of their personal data, the reality is that much of their data is generated and collected through interactions with digital platforms and services, where terms of service agreements may grant companies broad rights to use the data. This imbalance in control and ownership underscores the importance of empowering individuals with greater transparency, control, and rights over their data.

There is a significant delay in recognition of the importance of data protection and privacy in many countries, including India, and the subsequent efforts to enact legislation to address the security concerns. The passage of the Personal Data Protection Act, 2023, represents a significant step forward in establishing a legal framework to regulate the processing of personal data and safeguard individuals' privacy rights.

The Act deals with the processing of digital personal data that recognizes the right of individuals and the need to process such data for lawful purposes. The aim of providing the ownership to the individual is of paramount legal importance. Unauthorized processing is also dealt with clarity. The *processing part covers every activity related to data. The Act thus is all comprehensive at least on the face, how it can put into practice is the main catch. The rights provided to the individual starts from consent.

An individual has rights to access, correct, update and erase data. The Data Principal, that is the individual, can ask for a summary of all data collected and shared. There are safeguards for children’s data and there is also provision for nomination. If each of these were to happen for every individual and every activity, connected to every company one interacts with and the government, it would need a massive digital infra to support this, in every enterprise.

But the question is, How will *standardization and uniformity* come into the picture? Anything not fully automated will not deliver any results, leave aside the desired ones. Going forward, Data would continue to remain in the rarefied digital atmosphere, at least in the foreseeable future.