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V**Just a thought I had, and I’d love to hear your opinions on this scenario: (Keep in mind this is just a scenario)**
Let’s say, I recently used an online marketplace for a specific service. Since I no longer need the service, I deleted my account. Now since I don’t need their service they should not have no authority to retain my data under sub-section (5) of section (8) of the act. However, I continue to receive promotional emails from the service provider.
Considering the **Digital Personal Data Protection (DPDP) Act, 2023**, which emphasizes the right to withdraw consent and mandates data minimization, does this constitute a breach of the Act? As per the DPDP Act, a violation like this could potentially lead to penalties of up to ₹250 crore.
I’d appreciate insights from legal professionals or anyone well-versed in the Act. If this does qualify as a breach, what steps can I take to address it? Should I first approach the company to stop the emails, or should I directly file a complaint with the Data Protection Board?
To explain why I’m asking: I’ve been receiving a flood of promotional emails from various service providers, even after deleting my accounts and unsubscribing from their mailing lists. These service providers (referred to as ‘data fiduciaries’ in the act) are just online marketplaces which I signed up for going through some deals and how they give extra discount when you enter your email. It’s incredibly frustrating, and if the DPDP Act can help put an end to this, I’d like to know how to use it effectively.
That said, I haven’t yet finished reading the entire Act. Since I don’t come from a legal background, it’s taking me a bit longer to fully understand its scope and potential impact on the public. I’m still forming an opinion on whether it will truly help individuals like me.
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