Modi government releases 'Digital Personal Data Protection' draft rules
What's the story
The Ministry of Electronics and Information Technology (MeitY) has finally issued the draft rules for the Digital Personal Data Protection Act.
This comes over a year after the Act was passed in the Parliament in August 2023.
The government is now inviting public feedback on these draft rules through the MyGov portal, until February 18 this year.
Clarification
Draft rules aim to clarify provisions of data protection law
The draft rules aim to bring clarity on several elements of the new data protection law.
These include notification by data fiduciary to individuals, registration and responsibilities of consent manager, and processing of personal data of children among others.
The rules also seek to bring light on the establishment of the Data Protection Board, appointment and service conditions for its Chairperson and members.
Confidentiality
MeitY ensures confidentiality during public consultation
MeitY has assured that submissions made during the consultation will be kept confidential. Only a summary of the feedback received will be published after the rules are finalized. This move is aimed at encouraging open and honest input from the public while keeping them anonymous.
Children's data
Draft rules outline measures for processing children's data
The draft rules also mandate data fiduciaries to take steps to ensure parental consent is verified before processing children's data.
This can be done via government-issued IDs or digital tokens associated with identity services such as Digital lockers.
The government also intends to exempt educational institutions and child welfare organizations from these particular provisions concerning processing of children's data.
Framework details
Consent manager framework and Data Protection Board
The draft rules propose that consent managers should register with the Data Protection Board and maintain a minimum net worth of ₹12 crore.
The rules also suggest the establishment of the Data Protection Board as a regulatory body.
It will serve as a digital office, conducting remote hearings, investigating breaches, enforcing penalties among other responsibilities.