Rules for data protection Act within one month: Vaishnaw

Digital Personal Data Protection Act, 2023 rules to be released soon, focusing on digital processes and expert consultations for implementation.

The rules for the Digital Personal Data Protection Act, 2023, will be released within one month, Minister of Electronics and Information Technology Ashwini Vaishnaw said on Monday. Mr. Vaishnaw said that the implementation of the data privacy law would be “digital by design”, in terms of the processes followed by the Data Protection Board of India (DPBI), a body that is yet to be formally constituted. 

There will be a consultation period for the rules before they were officially notified, Mr. Vaishnaw said. “Following principles of transparency, we will try to get experts who understand legal, technology, and data nuances,” Mr. Vaishnaw said of the future appointees to the DPBI. 

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The Digital Personal Data Protection (DPDP) Act was passed by Parliament on August 9, 2023 — about six years after the Supreme Court upheld privacy as a fundamental right.

The Act has provisions to curb the misuse of individuals’ data by online platforms, and introduces several compliance requirements for the collection and processing of personal data and provisions for up to ₹250 crore penalty for any data breach. The Act, however, gives the government powers to exempt state agencies from the law.

The law applies to the processing of digital personal data in India, where personal data is either collected in digital form or in a non-digitised format and subsequently digitised. The Act defines “personal data” broadly to include any data about an individual who is identifiable, or in relation to such data.

(With inputs from PTI.)