Open Access Research Article

BALANCING PRIVACY AND INNOVATION: INDIA’S DISTINCT PATH UNDER THE DPDP ACT

Author(s):
AKSHAT PANDEY SREEKAR POTARAJU
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 6
DOI https://www.doi-ds.org/doilink/09.2026-91325193/BALANCING PRIVACY AND INNOVATION: INDIAS DISTINCT

Abstract

ABSTRACT
India's rapid digital transformation has made personal data an increasingly important component of its economic and technological development. The Digital Personal Data Protection Act 2023 represents a significant step towards establishing a comprehensive framework for the protection and responsible processing of digital personal data. While the Act seeks to strengthen individual privacy through rights, consent requirements and obligations upon Data Fiduciaries, it also recognises the need to facilitate legitimate data processing for economic, technological and governmental purposes. This creates an important regulatory question concerning how India can protect privacy without unnecessarily restricting innovation.
This article examines whether India's DPDP framework establishes an appropriate balance between individual privacy and the requirements of a rapidly developing digital economy. It analyses the regulatory tensions arising from consent, data-driven innovation, artificial intelligence, compliance costs, cross-border data flows and legitimate State interests. The article further compares India's framework with the European Union's General Data Protection Regulation and argues that India should not seek to replicate the European model in its entirety. Instead, India should develop a distinct, proportionate and risk-sensitive approach to data protection. The article proposes stronger implementation guidance, simplified compliance mechanisms for smaller enterprises, regulatory sandboxes for emerging technologies and effective consent-management infrastructure. Such an approach can strengthen privacy protection while preserving India's capacity for technological innovation and digital economic growth.
 

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Author Details

Authors: AKSHAT PANDEY & SREEKAR POTARAJU
Registration ID: 1013175 | Published Paper ID: IJLRA13175 & IJLRA13176
Year: Sep-2026 | Volume: 3 | Issue: 6
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 965-980

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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