India: Digital Personal Data Protection Bill 2023 including government access to data provision including government access to data entered into force with grace period

On 11 August 2023, the Digital Personal Data Protection Act 2023 including government access to data received the assent of the President. The provisions apply to data fiduciaries, including private entities processing personal data, with exemptions for government agencies. Key provisions include mandatory disclosure to the State when legally required, and compliance with judicial or foreign legal orders. It provides that law enforcement and national security bodies may access data for crime prevention, public order, and security purposes, with certain exemptions from retention and purpose limitation requirements. Additionally, the Data Protection Board is empowered with inquiry powers to investigate compliance, summon individuals, and inspect data and records, subject to procedural safeguards.