The Government of India, through the Ministry of Electronics and Information Technology (MeitY), has unveiled the draft Digital Personal Data Protection Rules, 2025, (DPDP) marking a significant milestone in the country’s journey toward robust data privacy and security. The proposed framework aims to safeguard individuals’ personal data while ensuring businesses and organizations adhere to global best practices.
A Consent-Driven Privacy Framework
The draft rules place individuals at the center of the data protection ecosystem. Organizations must obtain explicit consent before collecting personal data, with consent forms designed to be clear, concise, and easily understandable. Individuals, referred to as Data Principals, retain the right to withdraw consent at any time, ensuring they maintain control over their personal information.
Data Minimization and Retention
To address concerns over unnecessary data collection and prolonged retention, the draft rules mandate that organizations collect only essential data required for specified purposes and retain it only for as long as necessary. This minimizes privacy risks and aligns with the principle of data minimization.
Strengthened Individual Rights
The proposed rules empower individuals with enhanced rights over their data. Data Principals can access, correct, and delete their personal data, as well as request data portability. These rights are complemented by a robust mechanism for individuals to be notified of data breaches affecting them, enabling timely action to mitigate risks.
Obligations for Data Fiduciaries
Data Fiduciaries—organizations handling personal data—are required to adopt stringent security measures to protect against unauthorized access and breaches. This includes implementing encryption, multi-factor authentication, and conducting regular audits. In the event of a data breach, prompt notifications to authorities and affected individuals are mandatory.
Cross-Border Data Transfers
Recognizing the global nature of data flows, the draft rules provide clear guidelines for transferring personal data outside India. These transfers are subject to conditions ensuring that the data receives equivalent protection in the foreign jurisdiction, thus maintaining high standards of privacy even beyond India’s borders.
Enforcing Accountability
To ensure compliance, the draft rules propose significant financial penalties for violations. Stricter actions are outlined for repeat offenders, fostering accountability and deterring negligence or malicious intent. The emphasis on penalties underscores the government’s commitment to protecting individuals’ data rights.
Grievance Redressal Mechanism
The framework includes a well-defined grievance redressal mechanism. Individuals can lodge complaints about data misuse, which will be handled by the Data Protection Board, a regulatory authority responsible for ensuring compliance and resolving disputes effectively.
A Call for Public Participation
The government has adopted a participatory approach by inviting public feedback on the draft rules through the MyGov portal until February 18, 2025. This initiative reflects the intent to incorporate diverse perspectives in shaping a comprehensive data protection framework.
A Vision for India’s Digital Future
The Digital Personal Data Protection Rules, 2025 signify a transformative shift in how India addresses digital privacy challenges. By empowering individuals, enforcing accountability, and fostering trust in digital services, the rules aim to create a secure, transparent, and growth-oriented digital ecosystem. This forward-looking framework not only protects individual rights but also positions India as a leader in global data governance.
The article has been written by Nantha Ram Ramalingam, Global Head of Cyber Security Engineering and Automation, Dyson
