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

Indranath Gupta and Paarth Naithani
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Indranath Gupta: O.P. Jindal Global University, Jindal Global Law School, India
Paarth Naithani: O.P. Jindal Global University, Jindal Global Law School, India

Journal of Data Protection & Privacy, 2023, vol. 6, issue 1, 71-83

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.

Keywords: deemed consent; consent; data protection; India; Digital Personal Data Protection Bill; Personal Data Protection Bill (search for similar items in EconPapers)
JEL-codes: K2 (search for similar items in EconPapers)
Date: 2023
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