Ministry of Electronics and
Information
Notification
New Delhi, the .............,
2024
GSR........(E) : Draft of rules proposed to be
made by the Central Government in exercise of the powers conferred by the sub
sections (1) and 92) of Section 40 of the Digital Personal Data Protection Act,
2023 (22 of 2023), on or after the date of coming into force of the Act, are
hereby published for the information of all persons likely to be affected
thereby; and notice is hereby given that the said draft rules shall be taken
into consideration after.................2024.
Objections and Suggestions, if any, may be
submitted on the website of MyGov (.............) by the said date.
The objections and suggestions which may be
received from any person with respect to the said draft rules before the expiry
of the period specified above, shall not be attributd to the persons submitting
publicly and shall be held in fiduciary capacity to enable them to provide the
same freely and shall be considered by the Central Government.
Summary of Rules
| Rule No |
u/s |
Description |
Sub Clauses |
| 1 |
|
Short Title and Commencement |
1, 2, 3 |
| 2 |
|
Definitions |
1 (a-f), and 2 |
| 3 |
5(1) |
Notice to seek consent of data principal |
1(a,b), 2(a,b),3,4,5 |
| 4 |
5(2) |
Notice to inform of processing done where data
principal has given consent before commencement of Act |
1,2 |
| 5 |
6(8),
6(9) |
Registration, accountability and obligations of
a Consent Manager |
1(a-g),2(a-b), 3(a-h), and 4,5,6,7 (a-d) |
| 6 |
7(b) |
Processing of Personal data for provision of
subsidy, benefit, service, certificate, license or permit |
1 (a-c), 2(a-b) |
| 7 |
8(6) |
Intimation of personal data breach |
1(a-f), 2(a-f),3,4 (a-g),5,6 |
| 8 |
8(8) |
Time period for specified purpose to be deemed
as no longer being served |
1, 2(a,b),3 |
| 9 |
8(9) |
Publishing of contact information of person who
is able to answer questions about processing |
1(a,b), 2,3 |
| 10 |
9(1) |
Verifiable Consent for processing personal data
of child or person with disability who has lawful guardian |
1(a,b), 2,3 |
| 11 |
9(4) |
Exemptions from processing
of personal data of child |
|
| 12 |
10(2)(c)(i) &(iii) |
Measures to be undertaken by Significant Data
Fiduciary |
1(a,b,c), 2 (a,b) |
| 13 |
11(1),12(3),13(2) &14 (1) |
Rights of Data Principal |
1(a,b,c,d), 2,3(a-e), 4(a,b), 5(a-g) |
| 14 |
17(2)(b) |
Exemption from Act for
Research, Archiving and Statistical purposes |
|
| 15 |
19(2) |
Appointment of Chairperson and other Members |
1(a-d), 2 (a-d), 3,4,5 |
| 16 |
20(1) |
Salary, allowances and other terms and
conditions of service of Chairperson and other members |
1,2 |
| 17 |
23(1) |
Proceedings of Board and authentication of its
orders, directions and instruments |
1,2, 3,4,5 |
| 18 |
24 |
Terms and conditions of appointment and service
of officers and employees of Board |
1,2,3,4 |
| 19 |
28(1) |
Techno Legal measures to be adopted by Board |
1(a,b), 2(a-c),3(a,b) |
| 20 |
29(2) &29(8) |
Appeal |
1,2,3 |
| Schedule |
| I |
3(3) |
Model Notice |
|
| II |
3(2), 6(1) |
Standards for processing by State and its
instrumentalities |
|
| III |
8 |
Table of time period
|
|
| IV |
11 |
Class of Data Fiduciaries to whom and purpose
for which provisions of 9(1) and 9(3) donot apply |
|
| V |
14 |
Standards for processing for research,
archiving and statistical purposes |
|
| VI |
16 |
Terms and conditions of service of the
Chairperson and other Members |
|
| VII |
18(2) |
Terms and Conditions of appointment and service
of officers and employees of Board |
|
Coloured rows indicate rules that will come into effect
on a date to be specified. Others will be effective from the date of publication
of the rules in the official gazette.