The digital personal data protection rules drafted by the government create a balance between regulation and innovation while protecting the rights of citizens, Minister Ashwini Vaishnau said on Saturday.
The government on Friday published draft rules for the Digital Personal Data Protection Act for public consultation until February 18.
“Regulations must be within the four walls of the law. It is within the laws passed by Congress. These rules ensure a balance between regulation and innovation while fully protecting the rights of the people. It is being assembled to do so,” Vaishnaw told PTI. Interview.
The minister had earlier said that the only template available to the world is the European Data Protection Regulations, which have a high level of regulation, but India’s regulations will help the growing innovation ecosystem among start-ups. He said he is trying to strike a balance between regulation and innovation to protect the boom in the economy. In the country.
He said extensive consultations have been held with the industry and a digital office has been set up for the registration, processing and adjudication of complaints.
The minister said the final rules will be tabled in Parliament during the monsoon period and all entities that handle data digitally will have two years to adapt their systems and comply with the law.
“All entities subject to this law will be required to review their existing agreements after the regulations go into effect,” Vaishnau said.
He said rules could be improvised based on experience with the new data regime.
“To ensure easy enforcement of the Act, the minimum possible provisions have been included in the Regulation. We are proceeding with caution,” Vaishnau said. .
The draft Digital Personal Data Protection Regulation stipulates that children must obtain verifiable parental consent via social media or online platforms before creating an account.
Parents’ identity and age must be verified through voluntarily provided identification or virtual tokens.
“We are also maintaining tiered penalties to protect the interests of micro, small and medium-sized enterprises. “Tech companies have higher obligations under the rules. Minor violations will result in small fines,” and major violations will lead to higher fines, Vaishnau said.
He said the penalty provisions will be implemented in accordance with the law and the manner of implementation will be prescribed by regulations.
The Act has provisions for imposing fines of up to Rs 250 million on data fiduciaries.
“Under the law, there is a provision that companies can give a voluntary undertaking to the Data Protection Board regarding violations, and the Data Protection Board will take action in accordance with the law,” Vaishnau said.
Pursuant to the DPDP Act, acceptance of a voluntary initiative by the Board shall constitute a prohibition on proceedings under the provisions of this Act with respect to the subject matter of the voluntary initiative.
Failure to comply with the terms of a voluntary initiative approved by the Data Protection Board (DPB), after giving the person an opportunity to explain, will be considered a violation of the law and the Commission’s regulations. If you are in the position of , you can take action according to the penalties.
The Minister said that maximum precautionary measures are being taken to protect small and medium-sized enterprises in accordance with the basic principles set out in the Act.
Vaishnau said that rules on data processing abroad will be implemented keeping in mind the rights of citizens and the national interest.
“The country should be able to take advantage of all the new opportunities that arise from the digital economy,” Vaishnau said.
However, this rule does not affect the existing norms by which news media operate. “Media rights will remain as they are. Media outlets will continue to function according to the current framework,” Vaishnau said.
Vaishnau added that digital platforms will also have to provide information and consent in people’s language of choice, either English or any of the 22 Indian languages listed in the Constitution.
