This week in Indian law: The DPDP Act 2023 framework continued to take shape as practitioners analysed India's first comprehensive data protection law. The Supreme Court's Constitution Bench reserved its verdict on the Article 370 abrogation challenge after 16 days of marathon hearings. The government announced a Special Session of Parliament for September 18-22. 5 significant legal developments this week across technology law and constitutional rights.
Top story
DPDP Act 2023: India's First Comprehensive Data Protection Framework
Category: technology-law | Date: September 2023 | Source: MeitY
With the Digital Personal Data Protection Act 2023 having received Presidential assent on August 11, legal practitioners and organisations across India began analysing the law's comprehensive framework. Key features include a consent-based processing regime, obligations on data fiduciaries, rights of data principals (including the right to erasure), the creation of the Data Protection Board of India as an adjudicatory body, provisions for cross-border data transfer, and graded penalties up to Rs 250 crore.
Why it matters: The Act awaits rules from MeitY before its provisions become operative. However, practitioners should begin advising clients on compliance readiness now. Key questions remain around the scope of government exemptions under Section 17, the definition of "significant data fiduciaries," and the operationalisation of cross-border data transfer mechanisms. The absence of a comprehensive right to data portability (present in the EU's GDPR) is a notable gap.
Read more: Veritect analysis
Court judgments
SC Reserves Verdict on Article 370 Abrogation After 16-Day Hearing
Court: Supreme Court of India | Bench: CJI D.Y. Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, B.R. Gavai, Surya Kant | Date: 5 September 2023
The five-judge Constitution Bench reserved its verdict on the challenge to the abrogation of Article 370 for Jammu & Kashmir. The hearing spanned 16 days, making it one of the longest Constitution Bench hearings in recent years. Key issues addressed included whether Article 370 was temporary or permanent, whether the President could abrogate it through the route used in August 2019, and the constitutionality of the Jammu & Kashmir Reorganisation Act 2019.
Key point: The Article 370 verdict, when delivered, would be the most significant constitutional decision of 2023. The Court's determination on whether Jammu & Kashmir retained residuary sovereignty will have lasting implications for Indian federalism.
Also this week
- Special Session of Parliament announced — The government announced a Special Session from September 18-22. While the official agenda was not disclosed, speculation centred on the Women's Reservation Bill and the renaming of India to Bharat.
- Monsoon Session legislative impact — States and regulatory bodies began preparing for the implementation of laws enacted during the Monsoon Session: DPDP Act, NCT Delhi Amendment, Jan Vishwas Act, and Mediation Act.
- RBI I-CRR review expected — The RBI's incremental CRR measure was expected to be reviewed by early September, with banks awaiting clarity on the timeline for relaxation of the temporary liquidity absorption measure.
Looking ahead
- September 11: SC Constitution Bench verdict on DSPE Act Section 6A (CBI jurisdiction)
- September 15: Mediation Act 2023 expected to receive Presidential assent
- September 18-22: Special Session of Parliament — Women's Reservation Bill expected
- September 20: Delhi HC to hear Anil Kapoor personality rights matter
This is the Veritect Weekly Legal Roundup for Week 35 of 2023. For daily updates, visit our legal news page. Subscribe to receive this roundup every Monday morning.
Veritect provides this content for informational purposes and does not constitute legal advice.