The Kerala High Court Division Bench of Chief Justice Soumen Sen and Justice V.M
GS3Economy · S&T · Environment · Security· IT, AI, semiconductors & computing· Prelims + Mains·
Data privacy and regulatory compliance: a key GS3 and Governance case study.
Why in news
The Kerala High Court directed the Union government to operationalize the Data Protection Board within eight weeks and ruled that Digi Yatra cannot mandate Aadhaar details.
Background
The Kerala High Court Division Bench of Chief Justice Soumen Sen and Justice V.M. Syam Kumar issued the order regarding the Digital Personal Data Protection Act, 2023. The ruling specifically addressed compliance for airport passengers and the mandatory nature of Aadhaar for Digi Yatra.
Facts for Prelims
- BodyData Protection Board: The regulatory body established under the Digital Personal Data Protection Act, 2023
- Act / BillDigital Personal Data Protection Act, 2023: Legislation governing the processing of digital personal data in India
- FactThe Kerala High Court mandated a functional Data Protection Board within an eight-week timeframe
- S&TDigi Yatra: A facial recognition-based seamless travel initiative that the court ruled cannot insist on Aadhaar details
Prelims practice question
Which legislative act provides the framework for establishing the Data Protection Board in India?
- (a)Personal Data Protection Bill, 2019
- (b)Digital Personal Data Protection Act, 2023
- (c)Right to Information Act, 2005
- (d)Information Technology Act, 2000
Show answer
Answer: (b) Digital Personal Data Protection Act, 2023 — The note specifies that the Data Protection Board is the regulatory body established under the Digital Personal Data Protection Act, 2023.
For Mains
Q. Examine the significance of establishing an independent Data Protection Board in ensuring the right to privacy under the Digital Personal Data Protection Act, 2023.
Dimensions to cover in your answer
- Regulatory oversight: Ensuring the Data Protection Board has sufficient autonomy to penalize non-compliant entities
- Privacy-Security trade-off: Balancing seamless biometric travel (Digi Yatra) with the voluntary nature of Aadhaar usage
- Institutional accountability: Addressing the delay in operationalizing statutory bodies mandated by new data legislation
Keywords: Right to Privacy · Data Sovereignty · Regulatory Compliance · Digital Governance · Statutory Body
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