India’s Digital Data Protection rules: A story of hits and misses
Live MintThe draft Digital Personal Data Protection Rules are finally with us and the long wait has for the most part been worth it. While the Act requires data fiduciaries to provide notice “in the event of" a personal breach, the rules state that intimation must be made “as soon as the Data Fiduciary becomes aware of it." Ever since Justice Srikrishna first included the concept in the 2018 draft of India’s data protection law, I have argued against this insistence on the physical storage of data in India. If coupled with privacy-preserving techniques, this will allow data fiduciaries to comply with the requirements under Section 9 of the Act without having to process personal information. All we need is for some entity to issue age tokens, and data fiduciaries will be able to use those to ensure they only process the personal data of a child with parental consent.