Final DPDP Guidelines to be Released in 8 Weeks

According to government sources, public consultations on the draft Digital Personal Data Protection (DPDP) laws are now complete, and the final version could be released in the next eight weeks or so. The draft will not significantly alter anything. There won't be another extension for receiving the remarks, according to reports. According to a media report, the administration has conducted numerous in-person meetings and received a significant amount of feedback, but no requests for extensions have been made. Officials don't anticipate significant changes from the previous government publications.

According to the official, several industry concerns around consent management—such as who would be the manager and other issues—as well as concerns with parental control, verifiable parents, and data localisation were received but have since been resolved. The report went on to say that the government will consider all of the concerns and suggestions and conduct a thorough analysis before releasing the final version. Before the final edition, everything needed to be put together, and input from other ministries, departments, and states was sought for any clarifications.

Why MeitY is Conducting Back and Forth Communication?

The official added that MeitY conducted a meeting with Nasscom, a trade association for the software industry, and that their input on "expected lines" would be taken into consideration. The sector requested that MeitY extend the time for comments on the proposed DPDP guidelines from January 3 to February 18. As a result, the deadline was moved to March 5. In August 2023, Parliament passed the DPDP Act, and the regulations were eagerly anticipated. It is also anticipated that the final regulations would provide clarity on the establishment of the Data Protection Board as well as the appointment and terms of service of the Chairperson and other Board members.

Concerns Over Data Transfer

Speaking about data transfer, one of the main issues facing the software industry, Ashwini Vaishnaw, Minister of Electronics and IT, stated that any restrictions on data movement under the DPDP rules will be implemented following stakeholder and committee consultation, as well as external sectoral experts, before a final decision is made. According to his statement, the government will operate in accordance with sectoral requirements because, in some cases, there may be no need for restrictions (on data transfer), while in other cases, such as the financial sector, there may be strict requirements; therefore, before making any decisions, stakeholders will be consulted.

The rules, Vaishnaw previously told a media outlet, were a practical approach to regulation that aimed to strike a balance between innovation, regulation, and citizen rights. According to him, the main goal was to keep the regulations from becoming overly restrictive while still allowing for creativity.