January 3rd 2025.
After much anticipation, the government has finally released the much-awaited draft of Digital Personal Data Protection Rules. These rules, however, do not mention any specific penalties for violations.
The draft rules have been issued more than a year after the Parliament approved the Digital Data Protection Bill in 2023. According to the draft notification, these rules are proposed to be made by the central government and will come into effect after the Act is enforced. The aim is to inform all individuals who may be affected by these rules.
One of the main objectives of these rules is to ensure that explicit consent is obtained from individuals before their personal data is collected and used. For children, parental consent will be mandatory. The Digital Personal Data Protection Act 2023 defines entities collecting and using personal data as data fiduciaries.
The draft rule states that data fiduciaries must take appropriate measures to ensure that they have obtained verifiable consent from the parent before processing any personal data of a child. They must also conduct due diligence to verify the identity of the parent if required for compliance with Indian laws.
According to the draft, data fiduciaries can only keep personal data for the duration for which consent has been provided and must delete it afterwards. This applies to e-commerce, social media, and gaming platforms, which will fall under the category of data fiduciaries.
The draft rules also outline provisions regarding the consent process for individuals, as well as independent entities responsible for managing consents. It also includes guidelines for data fiduciaries and the functioning of authorities under the Digital Data Protection Act 2023.
However, one important aspect missing from the draft rules is the mention of penalties, which were approved under the DPDP Act, 2023. The Act allows for a penalty of up to Rs 250 crore to be imposed on data fiduciaries in case of a personal data breach.
The draft rules have now been made available for public consultation and will be taken into consideration before making the final rules after February 18. The draft can be accessed on the MyGov website for public comments.
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