Digital Privacy in the Age of Data Economy: A Comparative Analysis of India's Digital Personal Data Protection Act, 2023 and Global Frameworks

Abstract

The rapid digitisation of economies and societies has made personal data one of the most valuable commodities of the 21st century. India's enactment of the Digital Personal Data Protection Act, 2023 (DPDP Act) marks a watershed moment in the country's legal history, establishing for the first time a comprehensive statutory framework for the protection of personal data. This paper undertakes a comparative analysis of the DPDP Act, 2023 against the European Union's General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and China's Personal Information Protection Law (PIPL), examining structural similarities, critical differences, and significant gaps. The paper further interrogates the constitutional underpinnings of the right to privacy in India, the adequacy of the consent mechanism, the scope of exemptions granted to the State, the independence of the proposed Data Protection Board, and the implications of the Act for cross-border data flows. It concludes with recommendations for strengthening India's data protection regime to meet the demands of an increasingly surveillance-prone digital landscape.