NEWS – The draft Digital Personal Data Protection Rules released

HIGHLIGHTS

• The draft rules aim to protect citizens’ rights under the Digital Personal Data Protection Act, 2023.
• The goal is to balance regulation and innovation while ensuring the protection of personal data.

Key Features:

1. Digital Data Protection Board:
   • The Data Protection Board will be “born digital,” functioning through a digital platform and app.
   • Citizens will be able to submit complaints and have them adjudicated without physical presence.
2. Transition and Compliance:
   • Stakeholders (small enterprises to large corporates) will be given adequate time to transition and comply.
   • Entities will be allowed to process data based on previous consent until they adapt their systems to meet the new law.
3. Feedback Mechanism:
   • Citizens can provide feedback on the draft rules through the MyGov portal until February 18, 2025.
   • A structured interaction for feedback will be organized with stakeholders, including civil society, industry, and government organizations.
4. Digital Compliance and Awareness:
   • Minimal compliance burden on data fiduciaries, with provisions for digital compliance.
   • Awareness initiatives will be launched to educate citizens about their rights regarding personal data.
5. Finalization of Rules:
   • All feedback will be considered before finalizing the rules.
   • The final rules will be placed before Parliament for approval.

Additional Points:

• Consent-based Data Processing: Data processing based on prior consent is permitted until entities adapt their systems.
• Simplified Compliance: Emphasis on compliance via digital platforms and minimal regulatory prescriptions.