The Government of India has published the draft rules for the DPDP Act 2023 to seek feedback and inputs from stakeholders. The draft rules have invited opinions from several industry experts, who have been actively stating their opinion on the amends needed to make the Act more conducive for businesses. Recently, Abhishek Tripathi, notable industry expert and cybersecurity leader, stated his views on the the draft rules for the DPDP Act 2023 with Tech Achieve Media.
“When compared with benchmark regulations like GDPR and CCPA, the draft may require more clarity around automated data processing, which is especially critical as Generative AI (GenAI) continues to revolutionize the world. It also needs stronger provisions regarding profiling and automated decision-making. The Second Schedule, which outlines the legal basis for data processing, notably misses key elements like consent, legitimate interest, and contractual necessity,” said Abhishek Tripathi.
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The draft rules have stated that children using social media must seek parental consent. While Tripathi has appreciated this move, he has suggested that more clarity is needed. “While parental consent for children’s use of social media is a laudable inclusion, it does not, unlike GDPR, impose restrictions on behavioral advertising targeting children. The penalty structure for breaches remains ambiguous, as does the consequence of delayed breach reporting, leaving room for improvement in enforcement measures,” he stated.
Tripathi also added that the DPDP Act lays the foundation for a promising future: “What stands out positively, however, is the clear scope of application and the well-defined obligations for Data Fiduciaries and Processors. The rights of Data Subjects are thoroughly detailed, and the transparency obligations requiring clear notices are commendable. These measures enhance accountability and governance. Furthermore, the section on cross-border data transfers is notably well-outlined, which is a refreshing change. I am optimistic that MeitY will consider the industry’s feedback and strengthen the rules to make them as robust as India deserves. The DPDP Act 2023 holds significant promise for the future!”
