New Delhi:
In this era of digitalization, the value of ‘data’ has increased significantly. Many companies collect people’s data and sell it to other companies. Meanwhile, some companies are also secretly stealing and selling people’s personal data. Modi government has made full preparations to crack down on such data thieves. Modi government has prepared a draft to protect people’s personal data from cyber criminals. The Personal Digital Data Protection Act is going to come into force. Let us tell you that this step has been taken in the direction of empowering citizens in the digital economy.
In the draft prepared to secure personal data, a plan has been made to prevent commercial use of people’s personal data, digital loss and misuse of personal data. This draft contains rules to create a safe online space for children. There will be less formalities for small businesses and startups.
Grievance Redressal and Data Protection Board will be created. The digital board will function as an office. It will have a digital platform and app, through which people will be in digital contact and will be able to complain. The digital board will provide judicial framework for disposal of complaints and punishment in a time bound manner. The trustee who will hold the data will ensure annual security measures, assessments and audits. The Ministry of Electronics and Information Technology can give its suggestions for making the law till 18th February. The government is also planning to run an awareness campaign for this law.
The Ministry of Electronics and Information Technology has issued draft rules for the Digital Personal Data Protection Act, according to which the data fiduciary (an entity or individual that takes responsibility for the security and privacy of personal data) shall hand over any personal data of the child. It will be mandatory to obtain parental consent before processing. This Act was passed in Parliament in August 2023 and the government is seeking people’s suggestions on the draft rules through the MYGov portal till February 18, 2025.
According to the draft rules, ‘The data fiduciary shall adopt appropriate technical and organizational measures to ensure that verified parental consent is obtained before processing any personal data of the child. Apart from this, it will also be necessary to verify that the person identifying himself as the parent is an adult who can be identified.
Identity will have to be verified through a government-issued ID or a digital token linked to identity services like a digital locker. The purpose of this decision of the government is to ensure the privacy of the child on different social media platforms and websites. The draft rules also state that consent managers must be registered with the Data Protection Board and have a minimum net worth of Rs 12 crore.
The rules propose setting up a Data Protection Board as a regulatory body that will function as a digital office with remote hearing. According to the draft rules, a data fiduciary shall protect personal data in its possession or under its control, including by taking safeguards to prevent a personal data breach, in respect of any processing carried out by it or on its behalf by a data processor. Is. Such steps would include securing personal data through encryption and taking appropriate measures to control access to the computer resources used for the data.
The rules also mandate the data fiduciary to immediately report any personal data breach “to each affected data principal in a short, clear and unambiguous manner and without undue delay.” The rules further state that processing of personal data outside India will be prohibited. However, if a special order is issued by the Central Government that if personal data is made available to another country, any institution or person of another country, then the data fiduciary will have to do so. The ministry has said that the submissions made during the consultation will not be disclosed and only a summary of the feedback received will be published after the rules are finalized. Commenting on the rules, Mayuran Palanisamy, partner, Deloitte India, said we think businesses will face some complex challenges in managing consent as it is the core of the law.
