Data protection rules balance regulation & innovation: Vaishnaw

Final rules to be placed before Parliament in Monsoon Session; entities handling data digitally will get two years for compliance

The Digital Personal Data Protection Rules drafted by the government create a balance between regulation and innovation while protecting citizens' rights, Union minister Ashwini Vaishnaw said on Saturday. 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,” Vaishnaw told PTI in an interview. 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 said the final rules will be placed before Parliament in the Monsoon Session 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.

He said 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. “We have also kept graded penalties to protect the interests of MSMEs. It is to save businesses that may be running using a single computer. However, Big Techs have higher obligations under the rules...,” Vaishnaw said.

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