Separate Section for disabled persons made in DPDP Rules, Pg12

Key Highlights:

• The Electronics and Information Technology Ministry amended the Digital Personal Data Protection Rules, 2025, separating provisions for persons with disabilities.
• This change addresses concerns raised by disability rights activists regarding consent from a guardian.
• The DPDP Act, 2023, still groups children and persons with disabilities together, raising further concerns.
• Activists highlight the need for illustrations on implementation to address diverse scenarios for disabled persons' internet use.

Detailed Insights:

• The initial draft of the rules clubbed persons with disabilities with children regarding consent, leading to concerns about restricting online activities.
• The amended rules remove restrictions related to behavioral monitoring and targeted advertising for persons with disabilities.
• Concerns remain about the practical implementation of the rules and the language used in the principal Act.
• The absence of illustrations in the rules for persons with disabilities creates ambiguity regarding guardianship operations.
• There is a lack of clarity on which guardianship law, the NT Act, 1999, or the RPWD Act, 2016, will be considered for implementation.
• The NT Act's reliance on "decision-making capacity" for guardianship is seen as inconsistent with the UN Convention on the Rights of Persons with Disabilities.
• The RPWD Act aligns better with the UN Convention regarding guardianship for persons with disabilities.

Key Concepts Involved:

• Digital Personal Data Protection (DPDP) Act, 2023: Law governing the processing of digital personal data in India.
• Rights of Persons with Disabilities (RPWD) Act, 2016: Indian legislation protecting the rights and entitlements of persons with disabilities.
• National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (NT Act): Indian law providing for the establishment of a National Trust for the welfare of persons with specific disabilities.