What rights do I have as a data principal under the DPDP Act 2023?

A company keeps sending me marketing messages using my personal data and refuses to delete it despite my request. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

What rights do I have as a data principal under the DPDP Act 2023? is governed in India primarily by Digital Personal Data Protection Act, 2023 – Section 11, Digital Personal Data Protection Act, 2023 – Section 12, Digital Personal Data Protection Act, 2023 – Section 13 and Digital Personal Data Protection Act, 2023 – Section 33. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 11 gives you the right to obtain a summary of personal data processed and the identities of data fiduciaries with whom it has been shared.

Section 12 gives you the right to correction, completion, updating and erasure of personal data once the purpose of processing is no longer served, unless retention is required by law.

Section 13 entitles you to a readily available grievance redressal mechanism with the data fiduciary before approaching the Data Protection Board.

Section 33 empowers the Data Protection Board to impose penalties up to Rs 250 crore on a data fiduciary for significant breaches or non-compliance with data principal requests.

You must first exhaust the fiduciary's grievance officer within the stipulated response period before filing a complaint with the Data Protection Board of India.

What to do next: 1) Send a written erasure/correction request to the company's designated grievance officer; 2) Retain proof of the request and the timeline of the company's non-response; 3) File a complaint with the Data Protection Board of India if unresolved; 4) Cite Sections 11 to 13 of the DPDP Act in your complaint.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Digital Personal Data Protection Act, 2023 – Section 11 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.

Disclaimer: This information is for general awareness and does not constitute legal advice. Statutes and their interpretation change, and outcomes depend on the facts of your case. Please consult a qualified advocate before acting on it.