The Socio-Legal Challenges of Biobanking and Genetic Data Privacy: View from India’s Digital Personal Data Protection Act, 2023

Abstract

Biobanking—the systematic collection and storage of biological samples and associated data has become a cornerstone of modern biomedical research and precision medicine. However, as it involves sensitive genetic and health-related information, the practice raises critical socio-legal concerns, especially around data privacy, consent, ownership, and potential misuse. In India, the enactment of the Digital Personal Data Protection Act, 2023 (DPDPA) marks a new legal era of data governance. This paper investigates the legal and ethical implications of biobanking through the lens of the DPDPA, examining the balance between scientific advancement and individual rights. It explores issues such as consent, data ownership, cross-border data sharing, and the potential for genetic discrimination. Drawing from constitutional jurisprudence, global ethical frameworks, and Indian regulatory gaps, the article proposes reforms to ensure a robust, transparent, and rights-based approach to biobanking in India.