Data PrivacyConsistency and Conflict under the Digital Personal Data Protection Act,2023

August 17, 20230

Consistency and Conflict under the Digital Personal Data Protection Act,2023

The Digital Personal Data Protection Act,2023(DPDPA,2023) has been designed in such a manner that it will be working in consonance with other laws prevailing in India.

Hence, it is important to refer to Section 38 of DPDPA,2023 as under;

Section 38 Consistency with other laws

(1) The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force.

(2) In the event of any conflict between a provision of this Act and a provision of any other law for the time being in force, the provision of this Act shall prevail to the extent of such conflict.

On perusal of Section 38, it is apparent that it has two limbs to address the consistency and conflict, as applicable.

The first limb envisages a harmonious working and this enactment to be treated as an additional law and not in derogation of other laws.

Whereas, the second limb though equally mild but comes with an exception carved out that where there is a conflict then only to the extent of the conflict, the provisions of DPDPA,2023 shall prevail to the extent of such conflict.

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