In Short:
The Indian government will soon release draft rules to implement the Digital Personal Data Protection (DPDP) Act, aimed at regulating personal data handling online. Minister Ashwini Vaishnaw stated that feedback from stakeholders will be welcomed after the draft’s release. This is India’s first law on digital privacy, following years of discussion. The government will also consult on the Broadcasting Bill to support the creator economy.
Implementation of the Digital Personal Data Protection Act
The Indian government is set to release draft rules pertaining to the implementation of the Digital Personal Data Protection (DPDP) Act, as announced by Union Electronics and Information Technology Minister Ashwini Vaishnaw on Monday. The minister stated that the foundational framework for the Act has already been developed and will be executed digitally.
Simplified Language Approach
Vaishnaw emphasized that the draft rules will reflect a “simplicity of language approach,” a consistent feature in all related legislative measures.
Stakeholder Feedback Period
Once the draft rules are published, stakeholders will have a window of approximately 45 to 60 days to provide feedback. Should the need arise, this period may be extended, according to a senior government official.
Consultations with Industry Stakeholders
Last month, the government conducted extensive consultations with industry stakeholders concerning various facets of the bill, including the contentious age-gating issue. Reports indicate that some social media intermediaries sought further clarification on Section 9 of the DPDP Act, which prohibits behavioral tracking of children on digital platforms and the regulations against targeted advertising for users under 18.
Significance of the DPDP Act
The DPDP Act carries significant implications for both the technology sector and various economic sectors, as it establishes guidelines regarding the collection, processing, and storage of personal data. This act marks India’s inaugural regulation concerning digital personal privacy and has been a topic of discussion for over a decade.
A History of Legislative Efforts
The initial attempt to legislate this issue began in 2011 with the establishment of a committee led by former Delhi High Court Chief Justice AP Shah. Although the committee submitted its report to the IT Ministry in October 2012, no subsequent measures were taken.
In 2017, a restructured committee led by retired Supreme Court Justice BN Srikrishna was formed to revisit digital privacy matters. This committee presented its findings in 2018. Subsequently, in 2019, a draft of the Personal Data Protection (PDP) Bill was introduced in the Lok Sabha. The bill underwent reviews and amendments recommended by a joint committee of Parliament.
In 2022, the previous bill was withdrawn for a more updated version to be introduced. The final version, now known as the DPDP Act, was approved by both houses of Parliament and received presidential ratification in August 2023.
Future Consultations on Broadcasting Bill
In addition to the ongoing consultations regarding the DPDP Act, the government plans to institute new discussions on the draft of the Broadcasting Bill to reassess all components of the evolving creator economy, as highlighted by Vaishnaw, who stated, “We are willing to re-look at the draft completely afresh. There is a new creator economy, and the government will encourage it.”
