New Delhi, Jan 5 (NationPress) The proposed Digital Personal Data Protection (DPDP) regulations are intended to secure the rights of citizens over their personal data and tackle issues such as unauthorized commercial data usage and digital threats, as stated by the Ministry of Electronics and Information Technology.
These regulations grant citizens increased control over their data through provisions for informed consent, the right to erasure, and grievance resolution. Furthermore, parents and guardians receive enhanced authority to ensure the online safety of minors, according to the official announcement.
The framework aims to empower citizens within a rapidly advancing digital economy, achieving a balanced approach between regulation and innovation. This will ensure that the advantages of India’s expanding innovation ecosystem benefit all citizens while supporting the country’s digital economy, the statement noted.
At the core of the data protection framework are the citizens. Data Fiduciaries are required to provide clear and accessible information regarding the processing of personal data, enabling informed consent, it added.
The announcement emphasizes that India’s model uniquely balances the promotion of innovation and the regulation necessary to safeguard personal data. Unlike restrictive global frameworks, these regulations foster economic growth while prioritizing the well-being of citizens. This approach is viewed by stakeholders as a potential new global standard for data governance.
The framework anticipates a reduced compliance burden for smaller enterprises and startups, allowing adequate time for all stakeholders—from small businesses to large corporations—to transition smoothly and achieve compliance with the new legislation, the statement indicated.
The guidelines adopt a “digital by design” philosophy, with mechanisms for consent, grievance resolution, and the operation of the Data Protection Board all aimed at enhancing Ease of Living and Ease of Doing Business. The Board will operate as a digital office, complete with a digital platform and application, enabling citizens to engage digitally without needing to be physically present to address their complaints, according to the explanation provided.
From handling complaints to engaging with Data Fiduciaries, the workflows have been optimized to ensure speed and transparency. This reflects India’s forward-looking governance approach and builds trust between citizens and Data Fiduciaries, the statement continued.
Moreover, the regulations specify graded responsibilities, reducing the compliance burden on startups and MSMEs while imposing greater obligations on Significant Data Fiduciaries. Sector-specific data protection measures can complement the primary personal data protection framework established by the Act and the regulations.
The digital office model of the Data Protection Board will ensure swift and transparent resolution of complaints. When imposing penalties for violations, the Board is required to consider factors such as the nature and severity of the breach, along with efforts made to mitigate its impact.
Additionally, Data Fiduciaries may voluntarily provide undertakings at any stage of the proceedings, which, if accepted by the Board, will lead to dismissal of the case. This arrangement balances the protection of citizen rights with the establishment of a fair adjudicative framework for those handling personal data, the statement concluded.
The draft regulations are based on extensive feedback gathered from a variety of stakeholders and a review of global best practices. The Ministry of Electronics and Information Technology has opened a public feedback period until February 18 via the MyGov platform, aligning with the government’s commitment to inclusive law-making.
In parallel, the government plans a comprehensive awareness campaign aimed at educating citizens about their rights and responsibilities under the new framework, thereby nurturing a culture of data responsibility.
