The Draft DPDPA rules were published by MeitY with time for public comments upto 18th February 2025.
While discussions continue in public space and FDPPI in association with Trust Law has organized a discussion on February 8 with invited audience in Bangalore, Naavi.org has prepared a draft of comments to be submitted to MeitY. Before 18th there will be other discussions also and public may form more views on the submission of Comments either directly or through other organizations.
In order to stimulate thoughts on this regard, we are sharing a copy of the draft comments prepared by Naavi.org and submitted for discussion to FDPPI. If any comments are received here, they will be considered for inclusion.
General Comments:
The law of DPDPA 2023 is already in place and is immutable at this point of time. It is noted that the current exercise is only for fine tuning of the published draft rules.
Hence our comments presume that the law as it has been notified stands as the fundamental document of reference and the comments are only related to the draft rules as are considered feasible under the enacted law.
It is recognized that in the event of any rule exceeding the basic character of the provision of the law to which it refers to, there could be a challenge on the legal validity of the rules as being ultra-vires the law.
For the same reason, it is expected that the rules may be brief, precise and only cover the essential clarifications without the detailing like a Check list or recommending any specific tool or technology for implementation.
It is understood that the industry would exercise due diligence in implementing the law along with the minimum detailing available in the rules. If and when the industry is negligent and does not observe due diligence, the consequences would reflect in the decisions of the inquiry following a registration of a complaint or a suo-moto inquiry.
Clause By Clause Comments
Detailed Clause by Clause comment on all the 22 rules are presented in the form of a separate document here:
Draft Comments on DPDPA Rules from naavi.org
Naavi
