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Data Protection — Section Finder + Comparison Table

DPDPA 2023 — Data Protection Reference & Finder

Information Technology Act, 2000 / SPDI Rules 2011 vs the Digital Personal Data Protection Act, 2023 — type a section number to find the corresponding provision, plus a topic-wise comparison of consent, data principal rights, breach penalties and the Data Protection Board.

For reference only: This comparison is a general educational reference and does not constitute legal advice. Always verify from the official Government of India Gazette Notifications or India Code (indiacode.nic.in) before relying on any provision. — ASK Law Xperts, Rohini, Delhi.

Section Finder — DPDPA 2023
Choose the Act, then type a section number to find the corresponding provision.
Act
Section Number
Examples: DPDPA-9 DPDPA-33 IT-2000-43A DPDPA-11
Old Framework
IT Act, 2000 — S.43A & Rules 2011
Weak data protection — only SPDI rules; no data principal rights; no DPA regulator; heavy reliance on consent buried in terms
New Law
Digital Personal Data Protection Act, 2023
Presidential assent Aug 2023 · Awaiting full notification of rules · India's first comprehensive data protection law
Core Right
Data Principal Rights
Right to access, correct, erase personal data. Right to nominate. Consent withdrawal. Data Protection Board as regulator.
TopicIT Act 2000 / SPDI Rules 2011DPDPA 2023
ScopeOnly "Sensitive Personal Data or Information" (SPDI)All "personal data" — digital form; broad scope including health, financial, location data Expanded
Data Principal RightsNo statutory rights to access/correct/erase dataS.11-13 — Right to access, correction, erasure, grievance redressal, nominate representative New
ConsentOften buried in lengthy ToS — no specific formatSpecific, informed, free and unambiguous consent required; consent request must be in plain language Strengthened
Children's DataNo specific protectionS.9 — Parental consent required for processing children's data; no behavioural tracking of minors New
Data BreachNo mandatory breach-notification duty; remedy was compensation under s.43AMandatory breach notification to Data Protection Board AND data principal; penalty up to ₹250 Cr Enhanced
RegulatorNo dedicated data protection authorityData Protection Board of India (DPBI) — adjudication, penalty, enforcement New
Cross-border TransferNo restriction on data transfer outside IndiaS.16 — Government can restrict transfer to certain countries by notification (whitelist/blacklist) New control
PenaltyCompensation under s.43A (no fixed statutory cap); Adjudicating Officer up to Rs.5 crore (s.46), above which civil courtUp to ₹250 Crore for significant breaches; ₹200 Cr for breach notification failure 50x Enhanced

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