Digital Personal Data Protection Rules, 2025: Changes and Concerns
The Electronics and Information Technology Ministry has revised the Digital Personal Data Protection (DPDP) Rules, 2025 following feedback from disability rights activists. The changes address the controversial grouping of persons with disabilities with children regarding consent by a guardian.
Key Changes in the DPDP Rules
- The revised rules separate persons with disabilities from children, who previously were grouped together for consent requirements.
- Disability rights activists referred to the initial grouping as the "infantilisation" of persons with disabilities.
- The new rules exempt persons with disabilities from restrictions related to behavioral monitoring, tracking, and targeted advertising, which remain applicable to minors.
Ongoing Concerns
- The language in the DPDP Act, 2023, still groups children and persons with disabilities together, causing ambiguity.
- Implementation challenges persist due to the lack of illustrative examples in the rules concerning persons with disabilities.
- The separation of sections clarifies some aspects, but it does not fully address the practicalities of implementing the rules.
Guardianship and Legal Framework
- Questions remain regarding which law of guardianship—either the National Trust Act or the Right of Persons with Disabilities Act—will be applied.
- The RPWD Act, 2016, is defined as the governing authority for guardianship in the rules, but contradictions arise as it does not cover physical disabilities.
- Activists emphasize alignment with the UN Convention on the Rights of Persons with Disabilities.
Conclusion
While the separation of sections in the DPDP Rules, 2025 is seen as a victory by disability rights groups, significant concerns about implementation and legal clarity remain. The lack of detailed illustrative scenarios and unresolved guardianship definitions continue to pose challenges.
