Key points for the DPDP Rules

In the absence of updates on the DPDP Rules, I have gone ahead and outlined key points that the government may consider when drafting the rules needed to operationalize the act. These pointers are based on the framework and provisions of the Digital Personal Data Protection Act, 2023, as well as the government’s approach to business regulations.

Be it noted that these are my personal anticipations, from a curiosity about how the rules might take shape to influence the digital age in India.

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1.?????? Consent Mechanisms (Sections 5-6):

1.1. Define the standard format and languages for Data Fiduciaries to request consent, ensuring clarity and accessibility.

1.2. Outline procedures for Consent Managers, including registration requirements, roles, and accountability.

1.3. Set guidelines for recording and managing consent, including methods for Data Principals to give, manage, and withdraw consent effectively.

2. Data Fiduciary Responsibilities (Section 8):

2.1. Specify technical and organizational measures for data security, including guidelines for data encryption, access control, and breach response protocols.

2.2. Define timeframes for data retention and conditions for data erasure once the specified purpose has been served.

2.3. Outline procedures for notifying the Data Protection Board and affected Data Principals in case of a data breach.

3. Processing of Children’s Data (Section 9):

3.1. Establish verifiable methods for obtaining parental or guardian consent for children under 18.

3.2. List the types of data processing that may or may not be conducted on children’s data, with specific restrictions on targeted advertising and behavioral tracking.

4.Significant Data Fiduciaries (Section 10):

4.1. Determine the criteria for identifying Significant Data Fiduciaries, such as data volume, sensitivity, and impact on rights.

4.2. Specify requirements for these entities, including appointment of a Data Protection Officer, conducting Data Protection Impact Assessments, and implementing independent data audits.

5. Data Principal Rights (Sections 11-14):

5.1. Outline procedures for Data Principals to access, correct, update, and erase their data.

5.2. Establish timelines for Data Fiduciaries to respond to grievances and define the framework for grievance redressal mechanisms.

6. Cross-Border Data Transfers (Section 16):

6.1. List approved countries/territories for data transfers and establish criteria for assessing a region’s data protection adequacy.

6.2. Define security measures and contractual obligations for cross-border data sharing.

7. Data Protection Board Functioning (Sections 18-28):

7.1. Set operational guidelines for the Board, including digital processes for complaint intake, inquiry, and resolution.

7.2. Specify the Board’s inquiry procedures, including interim orders, civil court powers, and cooperation with law enforcement if necessary.

8. Penalties and Enforcement (Sections 33-34):

8.1. Detail calculation methods for penalties based on factors like breach severity, repetition, and mitigation efforts.

8.2. Define processes for appeal and adjudication before the Appellate Tribunal, including timelines and fees.

9. Exemptions and Special Cases (Sections 16-17):

9.1. List exemptions for state-related processing, legal proceedings, and data processed for research or archiving.

9.2. Specify conditions for exemptions granted to startups or smaller Data Fiduciaries in early operational stages.

In my opinion, these proposed rules would help clarify responsibilities for Data Fiduciaries and ensure Data Principals’ rights are protected in line with the act's objectives.

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