Q10
Describe the context and salient features of the Digital Personal Data Protection Act, 2023. (Answer in 150 words) 10
हिंदी में प्रश्न पढ़ें
डिजिटल व्यक्तिगत डेटा संरक्षण अधिनियम, 2023 के संदर्भ तथा प्रमुख विशेषताओं का वर्णन कीजिए। (उत्तर 150 शब्दों में दीजिए)
Directive word: Describe
This question asks you to describe. The directive word signals the depth of analysis expected, the structure of your answer, and the weight of evidence you must bring.
See our UPSC directive words guide for a full breakdown of how to respond to each command word.
How this answer will be evaluated
Approach
The directive 'describe' requires a systematic exposition of both the contextual background and key provisions of the DPDP Act 2023. Structure as: brief intro linking to K.S. Puttaswamy judgment and Srikrishna Committee → body covering context (why needed, evolution from IT Act) and salient features (definitions, consent framework, rights, Data Protection Board, exemptions) → concise conclusion on significance.
Key points expected
- Context: K.S. Puttaswamy (2017) judgment establishing privacy as fundamental right; inadequacy of IT Act 2000; Srikrishna Committee recommendations; global data protection trends (GDPR influence)
- Salient features: Definition of personal data and digital personal data; consent-based processing with legitimate uses; rights of data principals (access, correction, erasure, grievance redressal)
- Obligations of data fiduciaries; appointment of Data Protection Board of India; penalties framework (up to ₹250 crore for data breaches)
- Exemptions: national security, research, archival, journalistic purposes; special provisions for processing children's data with parental consent
- Significance: balances individual privacy with legitimate state interests and ease of doing business; India's first comprehensive data protection legislation
Evaluation rubric
| Dimension | Weight | Max marks | Excellent | Average | Poor |
|---|---|---|---|---|---|
| Demand-directive understanding | 20% | 2 | Clearly addresses both 'context' (evolutionary trajectory from Puttaswamy to legislation) and 'salient features' (core provisions) in balanced proportion; does not drift into evaluation or criticism | Covers context and features but disproportionately weighted; may conflate with analysis or miss one component partially | Misinterprets 'describe' as 'evaluate' or 'critically examine'; omits either context or features entirely; writes generic essay on digital India |
| Content depth & accuracy | 20% | 2 | Precise legal terminology (data principal/fiduciary, Data Protection Board); accurate penalty figures; correct distinction between personal data and sensitive personal data (dropped in final Act); mentions 2023 enactment year | Broadly accurate but imprecise terminology (e.g., 'Data Protection Authority' instead of Board); minor factual errors on penalties or dates | Confuses with IT Act provisions; incorrect year (mentions 2019 Bill as Act); fundamental misunderstanding of consent framework or exemptions |
| Structure & flow | 20% | 2 | Clear demarcation between context and features sections; logical progression from constitutional foundation → legislative evolution → substantive provisions; effective use of limited word count | Recognizable structure but blurred boundaries between context and features; some repetition or uneven paragraph distribution | Disorganized listing without thematic coherence; no paragraph breaks; random jumping between points; exceeds or falls significantly short of word limit |
| Examples / case-law / data | 20% | 2 | References K.S. Puttaswamy v. Union of India (2017); Srikrishna Committee/B.N. Srikrishna; contrasts with 2019 Personal Data Protection Bill; mentions WhatsApp policy controversy or Aadhaar linkage debates as contextual drivers | Vague reference to 'Supreme Court judgment on privacy' without naming; mentions committee without specificity; no contemporary illustrations | No legal precedents or committee references; uses irrelevant examples (cybercrime cases, Digital India Mission); completely generic treatment |
| Conclusion & analytical edge | 20% | 2 | Succinctly captures Act's dual purpose (privacy protection + digital economy growth); notes implementation challenges or comparison with global standards in one crisp sentence | Generic concluding statement on 'importance of data protection'; no specific linkage to India's digital governance framework | No conclusion; ends abruptly with last feature; or includes lengthy critical evaluation contrary to 'describe' directive; introduces new factual claims |
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