DELIBERATIONS ON DATA PROTECTION RULES

Why in the news?

  • “India’s Data Protection Rules Under Scrutiny: Challenges in Implementing Child Consent Framework”
  • The Ministry of Electronics and Information Technology (MeitY) seeks industry input on implementing parental consent standards under the upcoming Data Protection Act, 2023.
  • Challenge lies in determining reliable methods for verifying parental consent and age verification for children under 18 using digital services.
source:wordpress

Key provisions of the Digital Personal Data Protection (DPDP) Act, 2023:

  • Legal Framework: Introduced to safeguard personal data, ensuring consent-based sharing and privacy protection in digital contexts.
  • Applicability: Covers digital personal data processed within India and data processed abroad for Indian residents.
  • Evolution: Based on recommendations from the Justice BN Srikrishna Committee, evolved from the 2019 Personal Data Protection Act.
  • Citizen’s Rights: Includes rights to information, correction, erasure, grievance redressal, and representation after death or incapacity.
  • Data Protection Board of India (DPBI): Independent body for adjudication and enforcement, appointed by the central government.
  • Penalties: Monetary fines up to Rs. 250 crores for data fiduciaries; Rs. 10,000 for data principals; no criminal penalties.
  • Conflict Resolution: DPDP provisions supplement existing laws; Act prevails in case of conflicts, with High Court handling breaches suo moto.
About Right to Privacy:

  • Legal entitlement protecting individuals from:
  • Unwanted publicity.
  • Unauthorised use of their identity.
  • Disclosure of private matters without legitimate public interest.

Associated Article:

https://universalinstitutions.com/neither-the-right-to-privacy-nor-the-right-to-information/