Digital Personal Data Protection (DPDP) Rules to Be Published Within a Month

New Delhi: The Union IT Minister, Ashwini Vaishnaw, announced that a draft of the Digital Personal Data Protection (DPDP) Rules will be published for public consultation within the next 30 days. This draft is essential for the implementation of the Digital Personal Data Protection Act, 2023, which was signed into law in August 2023. The forthcoming rules will outline the operational framework for the Data Protection Board, a key body established under the DPDP Act to handle personal data breaches in a fully digital manner.

Vaishnaw stated that the digital framework for the Data Protection Board has been meticulously designed, covering all aspects of its operations, from case handling to appeals. The government plans to allow at least 60 days for public feedback on the draft, exceeding the usual minimum consultation period of 45 days.

A significant feature of the DPDP Act is the establishment of a “digital office” for the Data Protection Board and an appellate tribunal. The appellate tribunal will provide a recourse for individuals unsatisfied with the Board’s decisions. The digital platform for the Data Protection Board is being developed by the Ministry of Electronics and Information Technology (MeitY) in collaboration with the National Information Centre and the Digital India Corporation. This platform is currently undergoing testing and will be launched after the rules are finalized.

In July, a ₹2-crore fund was allocated to MeitY to cover the establishment and salary expenses of the Data Protection Board for the fiscal year 2025, with expectations of increased funding as the Act is fully implemented.

Vaishnaw also addressed concerns regarding the processing of children’s data, a complex issue in the DPDP Rules. He indicated that the government has resolved this issue and will disclose the details when the draft rules are released. The government does not plan to prescribe a specific mechanism for data fiduciaries to verify parental consent for minors, acknowledging the technical challenges involved. The draft rules are expected to offer clarity on these and other critical aspects of the DPDP Act.

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