Digital Personal Data Protection Rules, 2025

πŸ“° Context

The Union government has notified the Digital Personal Data Protection (DPDP) Rules, 2025, operationalising parts of the Digital Personal Data Protection Act, 2023. It has also triggered formation of the Data Protection Board of India (DPBI) and notified an amendment to the Right to Information Act (RTI), 2005, sparking criticism from transparency activists.


1️⃣ What are the Digital Personal Data Protection (DPDP) Rules?

The DPDP Act, 2023, along with the newly notified Rules, is India’s dedicated digital personal data protection framework, comparable to:

  • EU’s GDPR (General Data Protection Regulation)

  • Singapore’s PDPA (Personal Data Protection Act, 2012)

The Act sets baseline obligations for how companies must handle citizens’ digital personal data.


2️⃣ Key Concepts

Term Meaning
Data Principal The individual whose personal data is collected (i.e., the user or citizen)
Data Fiduciary Entity (company/organisation) determining purpose and means of processing personal data
Significant Data Fiduciary (SDF) Large entities with high-volume data processing obligations (extra compliance)
Data Protection Officer (DPO) Officer appointed by SDFs to ensure compliance
Consent Manager Service enabling users to manage consent across platforms

3️⃣ Major Provisions of the DPDP Act & Rules

1️⃣ Informed consent required, with clear notice of:

  • data being collected

  • purpose and usage

2️⃣ User rights:

  • modify, erase, or delete personal data

  • withdraw consent

  • automatic deletion after long inactivity

3️⃣ Security mandates:

  • access control, encryption, security audits

4️⃣ Breach reporting:
Must be reported as soon as possible.

5️⃣ Penalties:
β‚Ή10,000 to β‚Ή250 crore for non-compliance.


4️⃣ How does the Act protect children?

  • Restrictions on targeted advertising and certain data processing for minors.

  • Parental consent required.

  • Rules allow parental location tracking exemptions.


5️⃣ Has the Data Protection Board of India (DPBI) been formed?

Yes, the notification initiates its formation.

  • The DPBI will:

    • enforce the Act

    • adjudicate penalties

    • function under MeitY

    • consist of four members

However, many compliance obligations come into force after 12–18 months.


6️⃣ Controversial Amendment to the Right to Information Act, 2005

The DPDP Act amended Section 8(1)(j) of the RTI Act.

🟣 Earlier provision:

Personal information could be denied unless larger public interest justified disclosure.

πŸ”΄ New Change:

That public interest override has been removed, giving government bodies wider discretion to deny information as “personal”.

Why activists oppose it?

  • Could undermine transparency and social audits

  • May limit access to ration muster rolls, NREGA worksites, expenditure logs

  • Could shield misconduct of powerful officials


7️⃣ What has the Mazdoor Kisan Shakti Sangathan (MKSS) said?

  • Strongly opposed the amendment

  • Argues it threatens grassroots accountability and anti-corruption efforts

  • MKSS founding member Nikhil Dey said:
    β€œWe the people will fight back.”

  • Along with NCPRI, warns that broader definition of personal data may:
    ❌ hinder discovery of graft
    ❌ restrict transparency
    ❌ affect citizen-led audits


8️⃣ Comparison with GDPR (For Mains Answers)

Aspect GDPR (EU) DPDP (India)
Scope Personal + Sensitive data Only digital personal data
Cross Border Transfer Strong restrictions Permissive, with notified restrictions
Independent Regulator Strong autonomy DPBI under MeitY (less independent)

Leave a Reply

Your email address will not be published. Required fields are marked *