IDEAS home Printed from https://ideas.repec.org/a/aza/jdpp00/y2023v6i1p71-83.html
   My bibliography  Save this article

What is left of consent when it is deemed consent: A data protection experiment in India

Author

Listed:
  • Gupta, Indranath

    (O.P. Jindal Global University, Jindal Global Law School, India)

  • Naithani, Paarth

    (O.P. Jindal Global University, Jindal Global Law School, India)

Abstract

Recently, the latest draft data protection legislation in India, the Digital Personal Data Protection Bill, 2022, introduced the concept of deemed consent. Among other situations, consent can be deemed to be given through voluntary participation rather than an express statement. This paper positions deemed consent by situating it in recent discussions around consent. Deemed consent, as it stands, sits uncomfortably within the data protection rubric. The paper suggests that the proposed structure of deemed consent in India needs alteration and may be adequately amended with effective learning emanating from jurisdictions like the UK, Canada and Singapore.

Suggested Citation

  • Gupta, Indranath & Naithani, Paarth, 2023. "What is left of consent when it is deemed consent: A data protection experiment in India," Journal of Data Protection & Privacy, Henry Stewart Publications, vol. 6(1), pages 71-83, October.
    • Handle: RePEc:aza:jdpp00:y:2023:v:6:i:1:p:71-83
    as

    Download full text from publisher

    File URL: https://hstalks.com/article/7968/download/
    Download Restriction: Requires a paid subscription for full access.
    File URL: https://hstalks.com/article/7968/
    Download Restriction: Requires a paid subscription for full access.
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    More about this item

    Keywords

    deemed consent; consent; data protection; India; Digital Personal Data Protection Bill; Personal Data Protection Bill;
    All these keywords.

    JEL classification:

    • K2 - Law and Economics - - Regulation and Business Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:aza:jdpp00:y:2023:v:6:i:1:p:71-83. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Henry Stewart Talks (email available below). General contact details of provider: .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.