The Ministry of Electronics and Information Technology has released proposed rules listing out key provisions of the Digital Personal Data Protection Act passed by Parliament in August 2023. The government has sought suggestions from the public until February 18 through the MyGov portal.
The rules pertain to crucial aspects of data protection, including the framework for consent management and safeguards for processing children’s personal information. There are provisions detailing the establishment of the first Data Protection Board, which will enforce the country’s new data protection regime.
Among other things, the draft proposes children under the age of 18 requiring parental consent to join social media. Data fiduciaries must obtain such consent before processing children’s personal data.
“A data fiduciary shall adopt appropriate technical and organisational measures to ensure that verifiable consent of the parent is obtained before processing of any personal data of a child and shall observe due diligence, for checking that the individual identifying herself as the parent is an adult who is identifiable if required in connection with compliance with any law for the time being in force in India,” the draft says.
The draft also provides for the registration of “consent managers” who will act as a point of contact to “enable a data principal to give, manage, review and withdraw her consent through an accessible, transparent and interoperable platform”.
“Consent Manager must be a company incorporated in India with sound financial and operational capacity, having a minimum net worth of two crore rupees, a reputation for fairness and integrity in its management, and a certified interoperable platform enabling Data Principals to manage their consent,” Mint quoted from the draft.
In today’s digital age, personal data isn’t just a collection of numbers and words – it’s a reflection of our habits, choices and identity. Which is why it’s as precious as gold to corporates and organisations. Watch this to understand all the concerns around the legislation surrounding data protection in India.
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