Breaking news: India finally releases Draft Data Protection Rules for consultation

Breaking News: India’s Ministry of Electronics and IT has finally released draft rules for the country’s Digital Personal Data Protection Act, for consultation. Here’s what you need to know:

• Draft rules can be downloaded here.
• An explanatory note is available here.
• Consultation deadline: 18th of February, 2025
• Comments to be submitted by MyGov portal here.
• MEITY will not publicly disclose comments submitted to it, but will release a consolidated summary.

The rules contain provisions related to:

1. Verifiable Parental consent for children and entities exempted from this
2. Obligations of significant data fiduciaries
3. Rights of data principles
4. Rules for disclosure of personal data to the Indian state
5. Limitations to transfer of personal data outside India for processing
6. Notice and consent, including an itemised description of personal data provided to the data subject, and mechanism for withdrawal of consent
7. Obligations of a consent manager
8. Processing for provision or issue of subsidy, benefit, service, certificate, licence
   or permit by State and its instrumentalities
9. Reasonable security safeguards for data collected
10. Intimation of personal data breaches
11. Time limitation for specified purpose
12. Appointment for Chairpersons and members of Data Protection Board
13. Appeals to an appellate tribunal for a person aggrieved by an order of the board

We’ll have more detailed coverage of the Rules tomorrow.

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