NORMATIVE TENSIONS IN DATA PROTECTION: PRIVACY RIGHGTS VERSUS STATE EXEMPTIONS UNDER GDPR AND DPDP Act,2023

AUTHOR – NIVEDITA SINGH * & (DR) ANUPRIYA YADAV**

* STUDENT AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR OF LAW AT AMITY LAW SCHOOL LUCKNOW, AMITY UNIVERSITY UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION – NIVEDITA SINGH  & (DR) ANUPRIYA YADAV, NORMATIVE TENSIONS IN DATA PROTECTION: PRIVACY RIGHGTS VERSUS STATE EXEMPTIONS UNDER GDPR AND DPDP Act,2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 640-650, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The growth of worlds has made personal data very valuable. This raises concerns about keeping our personal info private and how much power the government should have. This paper looks at the conflict between our right to privacy and the governments exceptions in data protection laws. It compares the European Unions General Data Protection Regulation (GDPR) and Indias Digital Personal Data Protection Act 2023 (DPDP Act). The GDPR is based on giving individuals rights and has limits on government interference. On the hand the DPDP Act gives the government a lot of freedom to decide what is best for national security and public order. This paper checks if the DPDP Act protects our right to privacy as stated in the Justice K.S. Puttaswamy v. Union of India case. It finds that Indias framework is a start but might not protect our privacy well because it has many exceptions and not enough safeguards. The study ends with suggestions to make Indias data protection laws better and more in line with standards while keeping our democracy accountable. The Digital Personal Data Protection Act, 2023 (DPDP Act) and data protection are key, to this. We need to ensure that the DPDP Act protects our privacy.

KEYWORDS: GDPR, DPDP Act, Executive Discretion, State Exemptions, Constitutional Law