The rules are expected to be officially notified after the current parliamentary session concludes.
India is moving closer to implementing its comprehensive data privacy framework. The central government has finalised the draft rules for the Digital Personal Data Protection (DPDP) Act 2023 and plans to release them for public consultation in the second or third week of August, according to an Economic Times report.
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“We will have extensive consultations for the rules. Our approach has been very measured and we have kept the text (of the rules) very simple. The idea is not to disrupt anything,” a senior government official told ET.
The rules are expected to be officially notified after the current parliamentary session concludes.
Focus on Child Protection and Complaint Mechanisms:
The DPDP Act, which classifies users under 18 as children, mandates social media platforms and other internet intermediaries (“data fiduciaries”) to obtain explicit parental consent before processing any data from children. This provision has been a point of contention, with industry stakeholders raising concerns about privacy implications and the feasibility of age verification methods.
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“Only the issue of age and parental consent verification remains. We had a meeting with experts and industry stakeholders about a fortnight ago. Some of them have sent their solutions to us. We are looking at all the options right now,” another government official revealed.
The government is exploring various options for age verification and parental consent, including QR codes, virtual Aadhaar IDs, and app store-level age verification. However, they are treading cautiously to ensure a balance between protecting children’s privacy and preventing frivolous complaints.
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“The final DPDP Act rules will stay within the walls of the law as passed by the Parliament,” an official clarified. “The government aims to ensure the Act provides a robust mechanism for citizens to safeguard their privacy without becoming a place for “frivolous” complaints. The official noted that clear responsibilities would be imposed on how a person can file a complaint.”
The DPDP Act, passed by both houses of Parliament and signed into law by President Droupadi Murmu in August 2023, represents a significant step towards strengthening data protection and privacy rights in India. The upcoming public consultation on the draft rules is a crucial stage in the implementation process, allowing stakeholders to provide feedback and ensure a smooth rollout of this landmark legislation.
