{"id":322418,"date":"2025-01-06T17:31:51","date_gmt":"2025-01-06T12:01:51","guid":{"rendered":"https:\/\/forumias.com\/blog\/?p=322418"},"modified":"2025-01-07T11:37:20","modified_gmt":"2025-01-07T06:07:20","slug":"digital-personal-data-protection-rules","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/digital-personal-data-protection-rules\/","title":{"rendered":"Digital Personal Data Protection Rules"},"content":{"rendered":"

\"Digital<\/p>\n

Source<\/strong>: The post Digital Personal Data Protection Rules <\/strong>has been created, based on the article \u201cNo secret affair – Deliberations on draft Digital Personal Data Protection Rules must be open\u201d<\/strong> published in \u201cThe Hindu\u201d on 6th January 2025.<\/p>\n

UPSC Syllabus Topic:<\/strong> GS Paper- 2- Polity<\/p>\n

Context<\/strong>: The article addresses the critical need for transparency in the rule-making process for India\u2019s 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<\/strong><\/p>\n

1. What is the significance of the draft Digital Personal Data Protection Rules, 2025?<\/strong><\/h2>\n
    \n
  1. 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<\/em> (2017).<\/li>\n
  2. They aim to implement the Digital Personal Data Protection Act, passed over a year ago, which itself was delayed for seven years.<\/li>\n
  3. The delay has potentially compromised the privacy of Indians\u2019 data during a period of rapid digitisation.<\/li>\n<\/ol>\n

    2. What are the key features of the proposed rules?<\/strong><\/h2>\n
      \n
    1. User Data Communication:<\/strong> Online services must clearly communicate the purposes of their data collection.<\/li>\n
    2. Children\u2019s Data Protection:<\/strong> Specific safeguards for handling children\u2019s data online.<\/li>\n
    3. Data Protection Board of India (DPBI):<\/strong> Establishes the DPBI and defines its functions.<\/li>\n
    4. Government Exemptions:<\/strong> Sets standards for government agencies to follow if exempted from the Act.<\/li>\n
    5. Data Breach Procedures:<\/strong> Outlines steps to be taken if a data fiduciary breaches personal data.<\/li>\n<\/ol>\n

      3. Are there concerns with the proposed rules?<\/strong><\/h2>\n
        \n
      1. Concerns remain about the institutional design of the DPBI, which has not been addressed in these rules.<\/li>\n
      2. It is unlikely that subordinate legislation will resolve these issues comprehensively.<\/li>\n<\/ol>\n

        4. Why is the rule-making process criticized?<\/strong><\/h2>\n
          \n
        1. The government has kept the process opaque, declining to make stakeholder recommendations public.<\/li>\n
        2. This lack of transparency has been a pattern since the Justice B.N. Srikrishna committee drafted the first Bill.<\/li>\n
        3. An open, deliberative process involving public and industry associations is essential but absent.<\/li>\n<\/ol>\n

          5. What principles should guide the finalisation of the rules?<\/strong><\/h2>\n
            \n
          1. Transparency:<\/strong> Equal participation of stakeholders, including industry associations and the public, with visibility into all viewpoints.<\/li>\n
          2. Data Protection Goals:<\/strong> Focus on:\n