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Critical Topics and Their Significance for the UPSC CSE Examination on February 27, 2025

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Why are PwDs worried about DPDP rules?

For Preliminary Examination:  Current events of national and international importance

For Mains Examination: GS II - Governance

Context:

With the Ministry of Electronics and Information Technology (MeitY) looking to wrap up public consultations on the draft Rules for the Digital Personal Data Protection Act, 2023 by March 5, disability rights activists are trying to get a key provision of the Act amended or dropped, pointing out that it infantilises Persons with Disabilities (PwDs), negates their decision-making capabilities, and comes from a misunderstood notion of how guardianship works for PwDs

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Key takeaways:

• With the Ministry of Electronics and Information Technology (MeitY) aiming to conclude public consultations on the draft Rules for the Digital Personal Data Protection (DPDP) Act, 2023 by March 5, disability rights advocates are pushing for modifications to a key provision of the Act.
• They argue that the existing clause diminishes the autonomy of Persons with Disabilities (PwDs), disregards their ability to make decisions, and reflects a flawed understanding of guardianship.
• A major concern stems from Section 9(1), which categorizes PwDs alongside children and mandates that for adult PwDs with legal guardians, consent for processing personal data must be obtained from the guardian.
• While government officials have attempted to mitigate concerns by restricting the provision's applicability to specific disabilities, experts argue that significant challenges in implementation remain.
• The government introduced the DPDP Act, 2023, to regulate digital personal data processing while balancing individuals’ privacy rights with lawful data use. Section 9(1) stipulates that before processing personal data of a child or a PwD with a legal guardian, a Data Fiduciary must obtain the verifiable consent of the child’s parent or the PwD’s guardian, as prescribed by law.
• The Act defines "Data Fiduciaries" as entities processing personal data and "Data Principals" as individuals whose data is collected. However, under Section 2(j)(ii), a "lawful guardian" is also included within the definition of a Data Principal for PwDs.
• The draft Rules, issued by MeitY on January 3, outline the regulatory framework for the Act. Rule 10 specifically governs the implementation of Section 9(1).
• According to Rule 10(2), when a Data Fiduciary seeks verifiable consent from a person identifying as a PwD’s lawful guardian, they must verify that the guardian has been legally appointed by a court, a designated authority, or a local-level committee under applicable guardianship laws. Additionally, the Rules recognize guardianship under the Rights of Persons with Disabilities (RPWD) Act, 2016, and the National Trust (NT) Act, 1999.
• The Rules define PwDs subject to Section 9(1) as individuals with long-term physical, mental, intellectual, or sensory impairments that significantly limit their ability to participate in society, even with appropriate support, or those diagnosed with conditions such as autism, cerebral palsy, intellectual disability, or severe multiple disabilities.
• However, while the Rules provide detailed illustrations for obtaining parental consent for children, no comparable examples are given for securing consent from guardians of PwDs. This omission has rais