INDUSTRY
Draft Digital Personal Data Protection Rules issued, no mention of penalty
- IBJ Bureau
- Jan 04, 2025
The government has released the long-awaited draft of Digital Personal Data Protection Rules that do not mention any penal action for violations.
The draft rules, which have been published for public consultations, will be taken into consideration for making final rules after February 18.
“Draft of rules proposed to be made by the Central government in exercise of the powers conferred by Sub-Sections (1) and (2) of Section 40 of the Digital Personal Data Protection Act, 2023 (22 of 2023), on or after the date of coming into force of the Act, are hereby published for the information of all persons likely to be affected thereby,” the draft notification has said.
The draft rules have laid out provisions related to consent processing of individuals, data processing bodies and functioning of authorities under the Digital Data Protection Act, 2023.
According to the rules, verifiable consent of parents has to be obtained by data collecting entity before processing children’s personal data.
In case of data breach, affected individuals need to be intimated on the nature of breach, consequences and mitigation measures.
The draft rules have not mentioned penalties that were approved under the Act of 2023.
The Act has the provision to impose a penalty of up to Rs 250 crore on data fiduciaries – the entities responsible for determining the purpose and means of processing of personal data.
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