From parental consent for kids’ social media accounts to localisation of data in India, India’s draft data protection rules aim to address some of the tech concerns that haunt everybody in India. But how would certain proposed rules —like data localisation— impact the M&E industry is still being analysed. It does have bearings on the streamers, experts say as they read between the fine print and lines.
However, IT Minister Ashwini Vaishnaw feels that the Digital Personal Data Protection Rules (DPDPR) drafted by the government create a balance between regulation and innovation, while protecting citizens’ rights.
The government has issued draft rules for the Digital Personal Data Protection Act on Friday for public consultation till February 18.
“Rules have to be within four walls of the Act. It is within the ambit of the Act passed by Parliament. These rules have been framed to ensure a balance between regulation and innovation while completely safeguarding the rights of citizens,” Mr. Vaishnaw told PTI in an interview on Saturday last.
The Minister said earlier there was only one template available to the world — the European data protection rule with high level of regulation —but Indian rules have attempted to balance the regulation with innovation to safeguard the boom in innovation ecosystem developing among start-ups in the country.
He said extensive consultation has been held with the industry and a digital office is being put in place for registration of complaints, their handling and adjudication.
The Minister, according to the PTI report that’s based on the interview, said the final rules will be placed before Parliament in the monsoon session (mid 2025) and all entities handling data digitally will get two years to adapt their system and comply with the law.
“All entities covered under the Act will have to review existing consent after the rules are in place,” Vaishnaw said, adding the rules may be improvised based on the experience of the new data regime.
“As far as possible, minimum prescription has been kept in the rules to ensure simple implementation of the Act. The rules have carefully addressed the large harm that the digital world may pose to the privacy of people, especially that of children,” Vaishnaw said.
The Digital Personal Data Protection draft rules specify that a parent’s verifiable consent will have to be obtained by social media or online platforms before children can create an account. Parents’ identity and age will have to be checked through voluntarily provided identity proof or virtual tokens.
The Act has the provision to impose a penalty of up to Rs. 250 crore on data fiduciaries.
Vaishnaw said the rules for data processing overseas will be implemented while keeping in mind citizen’s rights and national interests. “The country should be able to take benefit of all the new opportunities that are emerging out of the digital economy,” Vaishnaw said.
However, the rules will not have an impact on existing norms under which news media operate. “Media rights will continue to remain as it is. Press will continue to function as per the current framework,” Vaishnaw added.