Source: The post Digital Personal Data Protection Rules has been created, based on the article “No secret affair – Deliberations on draft Digital Personal Data Protection Rules must be open” published in “The Hindu” on 6th January 2025.
UPSC Syllabus Topic: GS Paper- 2- Polity
Context: The article addresses the critical need for transparency in the rule-making process for India’s Digital Personal Data Protection Rules, 2025, which seek to enforce the Digital Personal Data Protection Act passed over a year ago. Digital Personal Data Protection Rules
1. What is the significance of the draft Digital Personal Data Protection Rules, 2025?
- The draft rules are a crucial step towards enforcing the fundamental right to informational privacy for Indians, as affirmed by the Supreme Court in Justice K.S. Puttaswamy vs. Union of India (2017).
- They aim to implement the Digital Personal Data Protection Act, passed over a year ago, which itself was delayed for seven years.
- The delay has potentially compromised the privacy of Indians’ data during a period of rapid digitisation.
2. What are the key features of the proposed rules?
- User Data Communication: Online services must clearly communicate the purposes of their data collection.
- Children’s Data Protection: Specific safeguards for handling children’s data online.
- Data Protection Board of India (DPBI): Establishes the DPBI and defines its functions.
- Government Exemptions: Sets standards for government agencies to follow if exempted from the Act.
- Data Breach Procedures: Outlines steps to be taken if a data fiduciary breaches personal data.
3. Are there concerns with the proposed rules?
- Concerns remain about the institutional design of the DPBI, which has not been addressed in these rules.
- It is unlikely that subordinate legislation will resolve these issues comprehensively.
4. Why is the rule-making process criticized?
- The government has kept the process opaque, declining to make stakeholder recommendations public.
- This lack of transparency has been a pattern since the Justice B.N. Srikrishna committee drafted the first Bill.
- An open, deliberative process involving public and industry associations is essential but absent.
5. What principles should guide the finalisation of the rules?
- Transparency: Equal participation of stakeholders, including industry associations and the public, with visibility into all viewpoints.
- Data Protection Goals: Focus on:
- Minimising data collection.
- Promoting disclosures.
- Penalising negligence in data protection.
- Discouraging surveillance by both private entities and the government.
- Timeliness: The process must move quickly to ensure Indians receive the rights affirmed in 2017.
6. What are the risks of further delay or lack of transparency?
- Continued delays erode public confidence in the government’s commitment to protecting data privacy.
- Both private enterprises and government agencies may exploit the absence of stringent rules, compromising users’ data further.
- By addressing these issues with openness and adherence to privacy principles, the government can reinforce trust and effectively protect Indians’ digital rights.
