Draft Digital Personal Data Protection Rules 2025
Source: PIB
GS II: Government policies and interventions for development in various sectors and issues arising out of their design and implementation
Overview
- News in Brief
- Key Features of the Draft Rules
- Implications
Why in the News?
MeitY releases Draft Digital Personal Data Protection Rules, 2025 for public consultation.
News in Brief
- Ministry of Electronics and Information Technology has drafted the Digital Personal Data Protection Rules, 2025.
- It aims to facilitate the implementation of the Digital Personal Data Protection Act, 2023 (DPDP Act).
- It aims to strengthen the legal framework for the protection of digital personal data by providing necessary details and an actionable framework.
- Stakeholders are invited to share feedback/comments on the draft Rules.
Key Features of the Draft Rules
- Applicability
- The rules apply to the processing of personal data within India, including data of individuals residing abroad if processed by Indian entities.
- Both public and private sector entities are covered under its ambit.
- Personal Data Classification
- Personal data has been broadly classified into general data and sensitive personal data (e.g., financial, health, biometric, and genetic data).
- Consent-Based Framework
- Data processing is mandated to occur only after obtaining explicit and informed consent from the individual (data principal).
- Individuals have the right to withdraw consent at any time.
- Data Fiduciary Responsibilities
- Entities processing data (data fiduciaries) must ensure the collection is fair, transparent, and limited to stated purposes.
- Fiduciaries are required to implement security safeguards and appoint Data Protection Officers (DPOs).
- Rights of Individuals
- Right to access and correct personal data.
- Right to data portability.
- Right to be forgotten, enabling individuals to request deletion of their personal data.
- Grievance Redressal Mechanism
- Establishment of grievance officers to address complaints related to data breaches or misuse.
- Appeals can be made to the proposed Data Protection Board of India (DPBI).
- Cross-Border Data Transfers
- Restrictions on transferring sensitive personal data outside India, with provisions for exceptions based on government approvals.
- Penalties for Non-Compliance:
- Hefty fines for breaches, non-compliance, or violations of the provisions, ranging up to ₹100 crores.
Implications
- Strengthened Data Security
- The rules are expected to enhance personal data protection, thereby increasing trust among citizens and businesses.
- Accountability for Corporates
- Businesses will need to align their practices with stringent compliance measures, leading to increased transparency.
- Encouragement for Digital Innovation
- A secure data environment will boost confidence in digital services and contribute to the growth of India’s digital economy.
- Challenges for Implementation
- Small and medium enterprises (SMEs) may face difficulties in adopting compliance mechanisms due to resource constraints.
- Striking a balance between data privacy and economic growth remains a challenge.
Conclusion
- The Draft Digital Personal Data Protection Rules, 2025, signify a significant step toward building a comprehensive data protection regime in India.
- By addressing key concerns such as consent, accountability, and cross-border data transfers, these rules aim to create a secure digital environment while fostering economic growth.
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