Data Protection Rules Likely To Be Introduced By January End

Data protection rules are significant. There is hardly any dispute on this. Almost everybody will agree to it. The scope to strengthen this area must be looked into. Perhaps more needed to be done in this connection. This article will highlight certain changes likely to be introduced soon preferably by the end of January.

Recently a meeting was held with the industry. After this meeting officials from IT Ministry presented a draft of the rules. The idea is to gather parents' consent for children to access online services. So the draft of the rules revolved around this fact. This is a good step in the right direction. Such measures must be adopted for further strengthening of such rules.

Minister of State for Electronics and IT: Draft Of The Rules Will Be Released By The End Of December.

It is said that the final version of data protection rules are likely to be notified by the end of January next year. It is expected that a Draft of the rules will be released by the end of December. During this meeting with the Industry, officials from the IT Ministry presented a draft of the rules to have a system to collect parents' consent for children to access online services. It must be brought to the notice of our audience that in this meeting executives from Google, Meta and Snap were present too. This meeting was chaired by Mr Rajeev Chandrasekhar ( Minister of State for Electronics and IT.)

The Government is keen enough to operationalize the Digital Personal Data Protection Act. This was notified around four months ago in August. At least 25 rules need to be formulated to operationalize the Act, which was notified in August. The Government has also been empowered to enact rules for any provisions that it deems fit. The Government has taken this agenda extremely seriously and is making necessary attempts in this regard.

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The Indian Express had earlier reported that one of them is developing a consent framework to verify a child’s age before they can use an online service. The age factor is surely an important point worth looking into.  The Act states that companies will need to gather “verifiable parental consent” for letting anyone under 18 years access their platform. This has been a major sticking point for the industry since the Act itself does not suggest ways in which platforms can perform age-gating. This is one area that needs more clarity, as it is important.

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During the meeting, it was learnt that companies could use digital locker systems including the DigiLocker app, which is based on their Aadhaar details, and the other is for the industry to create an electronic token system which will be allowed only if the government authorises it. So certain technical tools will aid and strengthen things.

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Certain entities can be exempted from collecting verifiable parental consent and age-gating requirements. It could be educational institutions health care etc. The rules will incorporate the provision of notifying users about a data breach the moment they come to know about it as part of a two-stage process. The first stage requires alerting the users regarding the nature & quantum of the breach among other things. In contrast, in the second stage, the users must be notified within 72 hours about any additional details related to the breach.

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Another proposal related to the rules requires the Government Institutions to issue a notification to the citizens whenever their personal data is being used to offer welfare services or subsidies, or for other similar activities.

Conclusion

Data protection rules are of immense importance. The Government is taking it very seriously. It is surely in the interest of ordinary citizens and parents. If we can come up with a solid framework to strengthen such data protection rules then it will be in the interest of ordinary citizens.

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