Are DPDP Rules Enhancing India’s Digital Trustworthiness for the Future?
Synopsis
Key Takeaways
- Trustworthy digital environment
- Enhanced citizen rights
- Significant penalties for non-compliance
- Inclusivity and public consultation
- Focus on children's and disabled individuals' protection
New Delhi, Nov 17 (NationPress) The recent announcement of regulations under the Digital Personal Data Protection Act (DPDPA), 2023, signifies a crucial milestone in establishing a trustworthy and future-ready digital landscape for the nation, according to the government on Monday.
These rules, which were issued on November 14, pave the way for the full implementation of the DPDP Act. Collectively, the Act and the Rules provide a transparent and citizen-focused framework for the responsible management of digital personal data.
The government stated, “The Act and the Rules clarify how personal data should be managed, enhance individual rights, and impose clear responsibilities on organizations. This framework is designed to be practical and is developed through extensive public consultation, making it both inclusive and responsive to genuine needs.”
“It facilitates the expansion of India’s digital economy while ensuring that privacy remains a cornerstone of its advancement. With these new measures, India is progressing toward a safer, more transparent, and innovation-friendly data ecosystem that benefits citizens and bolsters public trust in digital governance,” it further noted.
According to the notification released by the Ministry of Electronics and Information Technology (MeitY), social media platforms, online payment gateways, and any other entities processing personal data must provide users with a comprehensive explanation of the data being collected and clarify how it will be utilized.
The rights and safeguards for citizens under this Act include the right to consent or refuse the use of their personal data; the right to understand how their data is utilized; the right to access personal data; the right to amend, update, and delete personal data; and the right to designate someone else to exercise their data rights on their behalf.
In the event of a data breach, citizens must be notified promptly. This notification must detail what occurred and what actions they can take, empowering individuals to mitigate potential harm.
Enhanced protections are also granted to children and individuals with disabilities.
The DPDP Act imposes significant financial penalties for non-compliance by Data Fiduciaries, which are entities that determine the purpose and means of processing personal data, either independently or collaboratively.
The maximum penalty of up to Rs 250 crore applies if a Data Fiduciary fails to implement adequate security measures. Additionally, not informing the board or affected individuals about a data breach, as well as violations concerning children, can incur penalties of up to Rs 200 crore. Other breaches of the Act or Rules by a Data Fiduciary may result in penalties of up to Rs 50 crore, the statement added.