Digital personal data protection: The draft of the long awaited digital personal data protection rules was released by the Central Government on Friday. Electronics and Information Technology Ministry released the draft of Digital Personal Data Protection Act. Let us remind you that the government had introduced this law in Parliament in August 2023. The government has sought opinions from the public on this draft by 18 February 2025. Feedback on Digital Personal Data Protection Act can be given through MyGov.in. The government will discuss it after getting feedback.
A variety of rules have been mentioned in the Digital Personal Draft Rules draft. The draft rules emphasize the need to implement strict measures to protect the personal data of children and persons with disabilities. According to the draft Digital Personal Draft Rules, organizations that are responsible for collecting and handling personal data will be required to obtain the permission of the parents of minor children before managing their data. Entities will have to use digital tokens to confirm consent. Meaning, if someone opens a social media account under the age of 18 years, then it will now be mandatory for the organization to take permission from the parents of that child.
On the other hand, in the draft Digital Personal Draft Rules, the rules for educational institutions and child welfare organizations have been kept a bit simple. The notification said, “In exercise of the powers under sub-sections (1) and (2) of section 40 of the Digital Personal Data Protection Act, 2023 (22 of 2023), the Central Government may, on or about the date of coming into force of the Act, Thereafter, the draft of the proposed rules to be made is published.
The draft rules set out provisions related to obtaining consent of individuals, functioning of data processing bodies and authorities under the Digital Data Protection Act, 2023. “The said draft rules will be considered after February 18, 2025,” the notification said. The draft rules do not mention the penalties sanctioned under the DPDP Act, 2023.
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