The Digital Personal Data Protection bill has been approved by Parliament and has received the assent of the President, according to Union Minister Ashwini Vaishnaw’s announcement on Saturday.
The primary objective of the Digital Personal Data Protection (DPDP) law is to safeguard the privacy of Indian citizens. The law proposes a penalty of up to Rs. 250 crore for entities that misuse or fail to protect the digital data of individuals.
Under the DPDP law, companies that handle user data are required to protect individuals’ information. In the event of a personal data breach, they must report it to the Data Protection Board (DPB) as well as notify the affected user.
“The DPDP Bill has now become an Act. It has received the assent of the Hon’ble President,” stated Vaishnaw in similar posts on X (formerly Twitter) and the Indian app Koo.
The DPDP bill, which was approved by the Rajya Sabha on August 9, introduces various compliance requirements for the collection and processing of personal data. It also includes provisions to prevent the misuse of individuals’ data by online platforms and imposes a penalty of up to Rs. 250 crore for any data breaches.
According to the DPDP law, consent from guardians is required to process the data of children. The Lok Sabha had already approved the bill on August 7. The government aims to implement this Act within 10 months, as stated by IT Minister Vaishnaw earlier this week.
The bill establishes guidelines for companies to process user data and grants the government the authority to gather information from firms and issue directives to block content based on advice from a data protection board appointed by the Union government. It also grants users the right to correct their personal data.
This bill is applicable to the processing of digital personal data in India, whether it is collected in digital form or in a non-digitized format that is later digitized.
The bill defines ‘personal data’ broadly, encompassing any data that can identify an individual. ‘Digital personal data’ specifically refers to personal data in a digital format.
DPDP grants the government the power to exempt state agencies from the provisions of the law.
“The Digital Personal Data Protection Bill, 2023 is a bill that aims to establish a framework for the processing of digital personal data, while acknowledging the rights of individuals to protect their personal data and the necessity of processing such data for legitimate purposes and related matters,” states the DPDP bill.
The bill also proposes the creation of a Data Protection Board of India to address individuals’ complaints regarding personal data privacy, in cases where data fiduciaries or companies utilizing personal data fail to address these concerns.
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