A Comparative Study of Data Protection Laws: Current Global Trends, Challenges and Need of Reforms in India

Shailendra Prasad Godiyal; Kuldeep Singh

doi:10.48001/veethika.2022.08.02.004

Authors

Shailendra Prasad Godiyal St. Thomas’ College of Law, Greater Noida, Uttar Pradesh
Kuldeep Singh D. A. V. P. G. College, Muzaffarnagar, Uttar Pradesh

DOI:

https://doi.org/10.48001/veethika.2022.08.02.004

Keywords:

Data protection law, GDPR, IT Act 2000, Cyber law

Abstract

“The best way to get a bad law repealed is to enforce it strictly.” Abraham Lincoln’s legacy is still relevant in this decade. The 21st century is sometimes referred to as “the information age” because of the tremendous growth in the variety of ways we use information. India is rapidly transforming into digital economy. India has also been affected by the digital revolution. Recognizing its importance and the potential for significant disruption in practically every area of society, Indian government devised and implemented the “Digital India” plan. India is on track to develop into a digital economy with a substantial market for foreign businesses. In January 2022, there were 658.0 million internet users in India. Between 2021 and 2022, there were 47 million more internet users in India (+8.2 percent). Internet penetration in India stood at 47.0% in January 2022.

Data security and protection are crucial given the world’s increasing digitization. Processing of personal data is increasingly widespread, despite the fact that the shift to a digital economy is still in progress. Today’s digital environment makes it so that almost every action a person takes involves some sort of data transaction. New markets have emerged as a result of the Internet, particularly those whose business plans directly or indirectly involve the collection, organisation, and processing of personal data.

It is pertinent and strange to mention the fact here that, “the world’s largest taxi company UBER owns no vehicles; Facebook, the world’s most popular social media platform, creates no content; Alibaba, the most valuable retailer, has no inventory; similarly, Airbnb, the world’s largest accommodation provider, owns no real estate”. All of these are the “Data Driven” and not the “information driven” companies. It indicates that the company collects, analyses, and applies data to make important decisions. It is a serious matter of concern around the world when it comes with right to privacy of an individual. This study deals with current data protection laws, challenges and reforms in India.

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