January 3rd 2025.
After much anticipation, the government has finally released the draft of the Digital Personal Data Protection Rules. These rules, which have been made available for public consultations, will play a crucial role in safeguarding the privacy of individuals and regulating the handling of personal data.
According to the draft notification, these rules have been proposed to be made by the central government under the powers conferred by subsections 1 and 2 of section 40 of the Digital Personal Data Protection Act, 2023. They will be taken into consideration for the final rule after February 18, once the Act comes into force.
The notification states, "Notice is hereby given that the said draft rules shall be taken into consideration after 18th February, 2025." This indicates that the government is open to feedback and suggestions from the public before finalizing the rules.
The draft rules cover a wide range of provisions, including the processing of individuals' consent, data processing bodies, and the functioning of authorities under the Digital Data Protection Act. These rules aim to establish a clear framework for the collection, storage, and usage of personal data, ensuring that individuals' privacy is protected.
One crucial aspect that has not been addressed in the draft rules is the penalties for violations. This is in contrast to the penalties that were approved under the DPDP Act, 2023, which include hefty fines of up to Rs 250 crore for data fiduciaries. Data fiduciaries are entities responsible for determining the purpose and means of processing personal data.
In conclusion, the release of the draft rules is a significant step towards strengthening the protection of personal data in the digital age. The government's decision to seek public feedback before finalizing the rules shows their commitment to creating a comprehensive and effective framework for data protection.
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