Data Fiduciary Liability For Inaccurate Consent Records : When You Cannot Prove When, How, Or Why You Collected The Data

Introduction : The Digital Personal Data Protection Act, 2023 (the "DPDP Act"), changes how India approaches personal data by establishing one primary principle: consent. However, what is not known by many is the fact that the statute requires that not only is consent obtained but that the data fiduciary can explain how consent has been obtained and from where the data was obtained. Section 6(10) places the responsibility on the data fiduciary to show that a legally valid notice was issued...