It is a constant complaint of some Privacy observers that the Government of India has exempted itself from DPDPA 2023 unfairly. However, we have been pointing out that the exemptions that the Government agencies enjoy under Section 17(2) states that the provisions of this act shall not apply in respect of processing of personal data
“only by such instrumentalities of State as the Central Government may notify and in the interest of sovereignty and integrity of state, friendly relations with foreign states, maintenance of public order or preventing incitement to any cognizable offence relating to any of these (Meaning related to sovereignty, integrity of state etc) which are part of Article 19(2).”
Hence to avail such exemption, an appropriate notification may be necessary and not all instrumentalities of state can claim an exemption.
However in this context we have received a well written report developed by Ms Mohini Trivedy. Mohini Trivedy is a final year law student of B.A. LLB, (Hons) at Vivekananda Institute of Professional Studies (GGSIPU), New Delhi as a part of her Internship work at FDPPI.
Copy of the report will be published here shortly.
Naavi
