The eagerly anticipated draft of the Digital Personal Data Protection Rules was unveiled by the Central Government on Friday. The Ministry of Electronics and Information Technology released this draft of the Digital Personal Data Protection Act, which was initially introduced in Parliament in August 2023. The government is now encouraging public opinion on the draft until February 18, 2025, with feedback being collected through MyGov.in. After gathering the opinions, the government plans to discuss the responses.
One significant change proposed in the Digital Personal Data Protection Act is that children under 18 will face stricter regulations regarding social media accounts. The draft stipulates that any minor wanting to create a social media profile must obtain parental permission. This rule aims to implement stronger measures for the protection of personal data, particularly for children and individuals with disabilities.
Confidentiality of Feedback
According to the Digital Personal Draft Rules, the framework surrounding the Data Protection Board, including its terms of service and the roles of the Board Chairperson and other members, is expected to be clarified. In a recent notification, the Ministry of Electronics and Information Technology indicated that any feedback received on the draft will remain confidential.
Obligations for Institutions
Under the new rules, if someone’s personal data is compromised, institutions—such as social media companies, financial organizations, or websites—will be required to inform the affected individual. They must provide detailed information regarding the nature, timing, and location of the violation, as well as potential consequences and suggested preventive measures.
Institutional Responsibilities
The Digital Personal Draft Rules mandate that organizations handling personal data must secure parental consent before managing data for minor children. They must utilize digital tokens to confirm this consent, ensuring that if anyone under 18 opens a social media account, the organization must obtain approval from their parents.
Conversely, the draft also includes provisions for flexibility in regulations for educational institutions and child welfare organizations. Additionally, it states that consent managers will need to be registered with the Data Protection Board, with a minimum net worth requirement of Rs 12 crore.
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