Abstract
India’s gated communities are increasingly administered through digital gate-management platforms that record, verify and circulate information about domestic workers. Entry and exit times, worker identities, photographs, biometric identifiers, attendance histories and resident-generated ratings can now become part of a worker’s digital profile even where the worker is not a user of the platform and has little practical ability to refuse participation. This article examines the legal consequences of that asymmetry under India’s Digital Personal Data Protection Act, 2023 (DPDP Act), with particular focus on the personal or domestic purpose exemption in section 3(c)(i). It argues that the exemption should be construed narrowly and cannot plausibly immunise a commercial platform or a Resident Welfare Association that determines the purposes or means of processing. The more difficult problem is structural: where digital registration is made a condition of entering the premises in which a person earns her livelihood, formal consent may cease to be genuinely free, specific and informed. The article connects this consent problem with Article 21 privacy jurisprudence, the emerging debate on horizontality, Maharashtra’s domestic-worker welfare framework, and the socio-legal literature on gated communities as sites of labour control. It also argues that the present transitional period is a critical regulatory gap: although the DPDP Rules, 2025 have been notified, the principal substantive provisions of the Act are scheduled to commence only in May 2027. Drawing on Indian constitutional doctrine and the comparative jurisprudence on household exemptions, the article proposes a worker-centred legislative and regulatory framework based on data minimisation, non-biometric alternatives, independent notice, contestable ratings, short retention periods, purpose limitation, RWA accountability and effective grievance redress. The aim is not to weaken genuine residential security, but to prevent security infrastructure from becoming an invisible labour-control system.