Centre notifies data protection rules, paves way for India's first privacy law, Pg 25

Key Highlights:

• The Ministry of Electronics and IT (MeitY) notified the Data Protection Rules, paving the way for India's first privacy law.
• The notification comes over two years after the Digital Personal Data Protection Act (DPDP Act) received presidential assent in August 2023.
• Key protections like informed consent and data breach notifications will be implemented in 12-18 months.
• The Data Protection Board of India (DPB) is now operational, along with amendments to the Right to Information (RTI) Act.

Detailed Insights:

• The DPDP Act aims to protect citizens' digital data and ensure responsible data processing by entities.
• The DPB will act as the key body to ensure compliance with the law; its head office will be in New Delhi and will have four members.
• Data localization requirements mandate that certain personal data processed by significant data fiduciaries remain within India.
• Significant data fiduciaries will be determined based on data volume, sensitivity, and potential impact on national interests.
• Tech companies must implement mechanisms for obtaining verifiable parental consent before processing children's personal data.
• In case of a data breach, data fiduciaries must promptly inform affected individuals about the nature, extent, and consequences of the breach.
• The Act has faced scrutiny for granting exemptions to the government and diluting the RTI Act.

Key Concepts Involved:

• Data Fiduciary: Any person who alone or in conjunction with other persons determines the purpose and means of processing personal data.
• Data Principal: The individual to whom the personal data relates.
• Data Localization: The practice of storing data on devices that are physically located within the borders of a specific country.
• Right to Information (RTI) Act: An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities.