What are your fundamental rights as a data principal under India’s DPDPA 2023/2025?

With the explosion of digital services, our personal data is constantly being collected, shared, and processed—often without our full awareness or consent. Recognizing the urgency to safeguard citizens’ privacy in this digital era, the Indian government enacted the Digital Personal Data Protection Act (DPDPA), 2023, which is expected to be implemented in phases during 2024–2025.

This landmark legislation puts the power back into the hands of you—the Data Principal (i.e., the person to whom the data relates). For the first time, Indian citizens have clearly defined data protection rights enforceable under law.

In this blog post, we will explore your fundamental rights under the DPDPA as a Data Principal, explain how you can exercise these rights, and provide examples that show how this law will empower everyday Indians to take control of their digital identities.

Who is a Data Principal?

Under the DPDPA, Data Principal refers to the individual whose personal data is being collected and processed. If you’re using a smartphone, browsing online, using apps, or signing up for digital services, you are a Data Principal.

For example:

  • A teenager uploading selfies to Instagram.

  • A homemaker ordering groceries online.

  • A professional using a fintech app for investing.

  • A farmer using an agri-tech platform.

Each of these individuals has personal data that is being processed and is protected under the Act.

Overview of the DPDPA 2023/2025

The Digital Personal Data Protection Act, 2023 applies to:

  • All digital personal data collected within India.

  • Data processed outside India if it involves Indian citizens.

  • Government and private entities (called Data Fiduciaries) who collect/process personal data.

The Act lays down duties for data handlers (Fiduciaries) and empowers individuals (Principals) with a Bill of Rights for their personal data.

Let’s now explore your fundamental rights.

1. Right to Access Information

What it means:
You have the right to know what personal data a Data Fiduciary holds about you, why it is being used, and who it is shared with.

Real-life example:
If an e-commerce platform stores your name, address, shopping history, and payment preferences, you can formally ask them:

  • What data do you have about me?

  • For what purpose was it collected?

  • Did you share it with third parties like advertisers or delivery companies?

How this helps you:
It promotes transparency. You’ll be aware if your personal data is being used ethically and lawfully.

2. Right to Correction and Erasure

What it means:
You can request correction of inaccurate data and deletion of data that is no longer required or was collected without valid reason.

Example:
Suppose a health app has your old, incorrect blood type or stores past health data that you no longer want in their system. You can ask for this to be updated or deleted.

Impact:
This prevents misuse of incorrect or outdated information that could harm your creditworthiness, health decisions, or online reputation.

3. Right to Data Portability (anticipated through delegated legislation)

What it means:
Though not directly stated in the core Act, upcoming rules may enable data portability—i.e., the ability to transfer your personal data from one service provider to another in a machine-readable format.

Example:
You may be able to move your entire user history and preferences from one fintech app to another without re-entering everything.

Why it matters:
You won’t be locked into a service provider just because they hold your data. It also encourages competition and innovation.

4. Right to Grievance Redressal

What it means:
You can raise a complaint with the Data Fiduciary (company) if your rights are violated. If not resolved within 7 days, you can escalate it to the Data Protection Board of India (DPBI).

Example:
Let’s say a food delivery app keeps sending you promotional emails even after you opt-out. You can file a grievance and, if unresolved, escalate to the DPBI.

Why this empowers you:
You are no longer helpless against digital harassment or misuse. There’s a formal system that holds companies accountable.

5. Right to Consent and Withdrawal

What it means:
No personal data can be processed without your free, informed, specific, and unambiguous consent. You can also withdraw your consent at any time.

Example:
An app asks for your permission to access your contacts, location, and microphone. You can refuse or grant selective consent. Later, you can revoke that consent.

Practical Use:

  • Only allow apps access to what’s truly necessary.

  • Withdraw access when not using a service.

  • Prevent companies from using your data for marketing without consent.

6. Right to Nominate (Digital Succession Right)

What it means:
You can nominate another individual to exercise your data rights in case of death or incapacity.

Example:
If you manage investments or health records through mobile apps, your nominee (spouse, child, or trusted friend) can access or delete this data if something happens to you.

Why it’s important:
Your digital legacy is protected and can be managed responsibly even in your absence.

Your Duties as a Data Principal

The DPDPA not only gives rights but also outlines duties you must follow:

  • Do not impersonate someone else.

  • Do not file false grievances or requests.

  • Provide authentic data when needed.

Example:
Creating fake identities on social media or making false claims against companies may lead to penalties under the Act.

How to Exercise These Rights

  1. Contact the Data Fiduciary (Company):
    Use the privacy/contact section of the company’s website or app. Mention which right you want to exercise (e.g., deletion, correction).

  2. Wait for Response (Within 7 days):
    As per the Act, they must respond within a reasonable time frame.

  3. Escalate to the Data Protection Board:
    If not satisfied, lodge a complaint with the Data Protection Board of India, expected to be active by mid-2025.

  4. Monitor Your Digital Footprint:
    Regularly check which apps and services you’ve given data access to. Revoke unnecessary permissions.

Real-Life Applications of DPDPA Rights

  • Parents: Can now control and monitor apps targeting their children, and demand deletion of sensitive information.

  • Employees: Can request that old HR records, especially post-employment, be erased if not required.

  • Women: Can withdraw data shared on dating apps or social platforms and ask for its complete deletion.

  • Senior Citizens: Can nominate trusted people to manage their digital data and privacy.

  • Rural Users: Can get clarity on how government schemes collect and process Aadhaar or mobile number information.

Penalties and Enforcement

The DPDPA prescribes heavy penalties for violations:

  • ₹250 crore for failure to protect personal data.

  • ₹200 crore for processing children’s data without safeguards.

  • ₹10,000 fine for filing false complaints.

The Data Protection Board of India (DPBI) will have powers to investigate, issue summons, and penalize entities.

Conclusion

The Digital Personal Data Protection Act, 2023/2025 is a landmark moment for Indian citizens, giving them robust digital rights to protect their personal data. As a Data Principal, you now have the legal power to access, correct, delete, and control your personal information.

These rights are not just for tech-savvy individuals—they apply to every Indian using digital services, from students and entrepreneurs to farmers and homemakers.

Start today:

  • Review your app permissions.

  • Ask companies what data they hold on you.

  • Use your rights to opt-out or correct data.

  • Nominate someone you trust.

Data is the new gold—and now you own the mine. Use your rights wisely, stay informed, and protect your digital self in the connected future.

rahulsharma

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