IMPACT OF THE DIGITAL PERSONAL DATA PROTECTION ACT ON LAW-ENFORCEMENT INVESTIGATIONS
Jyoti, LL. M. Student at School of Law, Bennett University, Greater Noida, U.P., (India)
India’s data privacy paradigm has been revitalised through the Digital Personal Data Protection Act, 2023 (DPDP Act), which demands vigorous protection of personal data and, at the same time, extends some important exemptions to the law enforcement agencies. One of the major reasons for this Act getting into place was the expected increase in cybercrimes in 2025, their types including ransomware attacks, encrypted terror communications, etcIndia’s data privacy paradigm has been revitalised through the Digital Personal Data Protection Act, 2023 (DPDP Act), which demands vigorous protection of personal data and, at the same time, extends some important exemptions to the law enforcement agencies. One of the major reasons for this Act getting into place was the expected increase in cybercrimes in 2025, their types including ransomware attacks, encrypted terror communications, etc. This Act, through its Section 17(1)(c), gives the power to data processing for offence prevention, detection, investigation, or prosecution without seeking the consent of the individual, or of confirming the accuracy of the information to such agencies as the CBI and state police. Such practices provide law enforcement officials quick access to the digital evidence of private fiduciaries, making it easier for them to overcome the encryption problems in cases of financial fraud and terror financing, as has been indicated in the recent investigations by the Delhi Police. The Draft Rules of 2025 support this by demanding timely breach notifications and specifying fiduciary responsibilities. On the other hand, there are still challenges present: the centralised Data Protection Board (DPB) has been criticised for being potentially influenced by the executive, hence losing accountability and public trust in government, leading to probes. The potential for misuse posed by enforcement gaps has been highlighted, particularly concerning the rise of AI-driven crimes, which are taking centre stage in the media. In the end, the DPDP Act favours the cause of investigations in this digital era, but it also calls for the DPB to remain independent and to support itself with technology to reach the optimal balance between privacy and security.
| 📄 Type | 🔍 Information |
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| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 3, Issue 4, Page 1267–1287. |
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