WHY SOME PROVISIONS OF THE DIGITAL PERSONAL DATA
PROTECTION ACT (DPDPA) 2023 NEED AMENDMENT
?
· DPDPA is a comprehensive privacy and data protection law that provides guidelines on processing, storing and securing personal data.
· It recognises the right of individuals, referred to as data principals, to protect their personal data during the processing of that data for lawful purposes.
· The law culminates a seven-year journey that began when the Supreme Court of India (SC), in the KS Puttaswamy case, ruled the right to privacy was protected under the Constitution of India in 2017.
· The DPDPA includes provisions regarding consent, legitimate uses, breaches, data fiduciary and processor responsibilities, and individuals' rights over their data.
· The law doesn't apply to paper data unless it's digitised or data collected for personal, artistic and journalistic use.
· Fines for non-compliance range from Rs 10,000 for individuals to Rs 2.5 billion for organisations.
· The law is yet to be operationalised, with necessary
rules for its implementation still pending.
OPPOSITION
BY NITI AAYOG AGAINST DPDPA
NITI Aayog, the top think tank of the government, had opposed some of the
provisions of the Digital Personal Data Protection Act 2023.
NITI Aayog particularly raised concerns regarding the changes proposed to
the Right to Information (RTI) Act 2005.
The DPDP Bill proposed an amendment to a section [Section 8(1)(j)] in the
RTI Act with such effect that disclosure of personal information about public
officials would not be allowed even when these are justified in larger public
interest.
The NITI Aayog suggested the Ministry of Electronics and Information
Technology (MeitY) to not pass the proposed law in its current form as it could
weaken the RTI Act.
However, the MeitY kept the proposed changes to the RTI Act unchanged
despite the reservations of NITI Aayog.
The government was of the view that the right to privacy is a fundamental
right under the Constitution of India, and should be made available to officers
in government institutions as well.
DRAFT SUBORDINATE LEGISLATION IN FORM OF DIGITAL PERSONAL DATA PROTECTION RULES, 2025
The Digital Personal Data Protection Act, 2023 (DPDP Act) received the
assent of the Hon'ble President on 11th August 2023. Now, draft subordinate
legislation in form of Digital Personal Data Protection Rules, 2025 have been
drafted in order to provide for necessary details and implementation framework
of the Act.
FEEDBACK/COMMENTS
BY MEITY
MeitY invites feedback/comments from its stakeholders on the draft Rules. The draft rules along with a explanatory notes of the rules in plain and simple language to facilitate ease of understanding are available on Ministry’s website at https://www.meity.gov.in/data-protection-framework
The feedback/comments on the draft rules in a rule wise manner may be
submitted by 18th February 2025 on MyGov portal at the link below:
https://innovateindia.mygov.in/dpdp-rules-2025/
Please go through the draft rules and forward your valuable suggestions
to improve the draft rules .
R V Seckar , FCS, LLP
79047 19295
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