New Delhi, Jan 6 (FN Bureau) The government on Friday released the draft rules for the Digital Personal Data Protection (DPDP) Act, saying that personal data of Indians should not go out of the country and also children below 18 years will require parents consent to create an account on social media. The draft rules have been released for public consultations by the Ministry of Electronics and IT and sought public comments by February 18 this year. It suggested that a Data Fiduciary shall protect personal data in its possession or under its control, including in respect of any processing undertaken by it or on its behalf by a Data Processor, by taking reasonable security safeguards to prevent personal data breach.
On becoming aware of any personal data breach, the Data Fiduciary shall, to the best of its knowledge, intimate to each affected Data Principal, in a concise, clear and plain manner and without delay, through her user account or any mode of communication registered by her with the Data Fiduciary. With regard to verifiable consent for processing of personal data of child or of person with disability who has lawful guardian, the Draft rules suggested that a Data Fiduciary shall adopt appropriate technical and organisational measures to ensure that verifiable consent of the parent is obtained before the 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.
On the appointment of Chairperson and other Members, it says the Central Government shall constitute a Search-cum-Selection Committee, with the Cabinet Secretary as the chairperson and the Secretaries to the Government of India in charge of the Department of Legal Affairs and the Ministry of Electronics and Information Technology and two experts of repute having special knowledge or practical experience in a field which in the opinion of the Central Government may be useful to the Board as members, to recommend individuals for appointment as Chairperson. The Central Government shall constitute a Search-cum-Selection Committee, with the Secretary to the Government of India in the Ministry of Electronics and Information Technology as the chairperson and the Secretary to the Government of India in charge of the Department of Legal Affairs, and two experts of repute having special knowledge or practical experience in a field which in the opinion of the Central Government may be useful to the Board as members, to recommend individuals for appointment as a Member other than the Chairperson, the Draft said. The Digital Personal Data Protection Rules, 2025, will be finalised after consultation. This significant step has been long awaited since the Act was passed in August, 2023.