Rules of India's Digital Personal Data Protection Act will be up for public consultation in August

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Government officials have indicated that the rule-making process has been deliberate and aimed at simplicity to minimise disruption. The official notification of these rules is expected to follow the conclusion of the current parliamentary session read more

Rules of India's Digital Personal Data Protection Act will be up for public consultation in August

The proposed law requires social media platforms and other digital intermediaries, known as "data fiduciaries," to secure explicit parental consent before handling data from minors. Image Credit: Pexels

India is nearing the launch of its comprehensive data privacy framework with the finalization of draft rules for the Digital Personal Data Protection (DPDP) Act 2023. According to the Economic Times, these draft rules are set to be released for public feedback in mid to late August.

Government officials have indicated that the rule-making process has been deliberate and aimed at simplicity to minimize disruption. The official notification of these rules is expected to follow the conclusion of the current parliamentary session.

Here are some of the key aspects of the DPDP act

Child protection and parental consent
Under the DPDP Act, individuals under 18 are classified as children. The law requires social media platforms and other digital intermediaries, known as “data fiduciaries,” to secure explicit parental consent before handling data from minors. This requirement has sparked debate among industry experts about privacy concerns and the practicality of verifying ages.

Government representatives have acknowledged the challenges surrounding age and parental consent verification. Various methods, including QR codes, virtual Aadhaar IDs, and app store-based age checks, are being considered. The goal is to protect children’s privacy while avoiding unnecessary complaints.

Setting up a robust complaint mechanism
The final rules will strictly follow the provisions of the DPDP Act as passed by Parliament. The government aims to create a robust framework for privacy protection without encouraging frivolous complaints. Clear guidelines will be established for filing complaints to ensure a fair and effective process.

Major legislative progress
The DPDP Act, approved by Parliament and signed into law by President Droupadi Murmu in August 2023, represents a major step forward in enhancing data protection and privacy in India. The forthcoming public consultation on the draft rules will be a vital phase in the implementation process, allowing for stakeholder input and ensuring a smooth application of this significant legislation.

With this framework, India aims to establish a solid foundation for data privacy, balancing the need for strong protection measures with practical considerations for all involved parties.

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