Navigating Data Protection and Digital Rights: Setting the 2025 Agenda
The Centre for Communication Governance hosted an event titled "Navigating Data Protection & Digital Rights: Setting the 2025 Agenda" on 16 December 2024. This event was a part of our ongoing “Digital Rights and Inclusive Technology for All Fellowship” (DIGITAL Fellowship) 2024.
India stands at a critical juncture in its journey towards the protection and promotion of digital rights. With the passage of the Digital Personal Data Protection Act (DPDPA) in 2023, India has laid the groundwork for regulating data privacy, signalling a significant shift towards a more robust data protection framework. However, ensuring the Act's effective implementation, particularly through the upcoming rules of the DPDPA, remains critical.
Simultaneously, the role of courts in shaping digital rights has become increasingly significant. From questions of surveillance and privacy to content moderation and platform accountability, litigation has emerged as a crucial tool in advancing and protecting digital rights. The courts are increasingly being called upon to balance fundamental rights with technological advancement, making it essential to examine how strategic litigation can shape the future of digital rights in India.
Consequently, a conversation about the digital rights space in India will need to consider both the policy conversations and the litigation happening in the evolving landscape. This event allowed key stakeholders to participate in discussions that provided participants with insights on current challenges, opportunities, and strategies for protecting and advancing citizens' rights in a technology-driven society.
The event consisted of two panel discussions:
● Panel I: Upcoming Rules for the Digital Personal Data Protection Act, 2023- Operationalising Data Protection Law in India
In the process of implementing the Digital Personal Data Protection Act, 2023, one of the most significant challenges will be the development of the corresponding rules. These rules will operationalise the provisions outlined in the Act, covering key areas such as data processing obligations, individual rights, grievance redressal mechanisms, cross-border data flows, and the role and powers of the Data Protection Board. This panel looked at the potential contours of these rules and discuss what is needed to ensure that the legislation is effectively implemented. The discussion focussed on certain aspects of data protection, such as the right to be forgotten, notice and consent mechanisms, and more. Experts in technology law, policy, and civil society discussed how to strike a balance between protecting individual privacy and fostering innovation in a data-driven economy.
● Panel II: The Future of Digital Rights Litigation in India
As digital rights and technological advancements intersect, litigation plays an increasingly important role in protecting these rights. This panel discussed the future landscape of digital rights litigation in India, with an emphasis on emerging challenges and opportunities. It brought together lawyers involved in landmark cases, offering insights into how the courts have addressed key digital rights issues (such as internet
freedom, censorship, platform regulation, etc.). It also explored emerging challenges and examined the role of litigation in furthering and protecting citizens’ rights in this rapidly evolving digital landscape.
Important Details
16 Dec 2024
India Habitat Centre