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Early steps to digital dignity

ByHT Editorial
Jan 06, 2025 08:45 PM IST

India's draft digital privacy rules aim to protect 800 million users, focusing on children's online safety, data protection, and user rights

Last week, the government released draft rules that will operationalise the digital privacy law passed in 2023. The rules, on which the public can give feedback till February 18, represent an ambitious attempt to protect the country’s 800 million-plus internet users. But, like most well-intentioned regulations, they contain both promise and paradox.

Last week, the government released draft rules that will operationalise the digital privacy law passed in 2023. The rules, on which the public can give feedback till February 18, represent an ambitious attempt to protect the country’s 800 million-plus internet users. (Photo by Money SHARMA / AFP) / To go with 'India-Wedding-Detective', FOCUS by Aishwarya KUMAR (AFP) PREMIUM
Last week, the government released draft rules that will operationalise the digital privacy law passed in 2023. The rules, on which the public can give feedback till February 18, represent an ambitious attempt to protect the country’s 800 million-plus internet users. (Photo by Money SHARMA / AFP) / To go with 'India-Wedding-Detective', FOCUS by Aishwarya KUMAR (AFP)

Their most striking features emerge in three domains: Protecting children online, erecting stronger obligations to protect user data, and making sure privileged information remains in the hands of an entity no longer than needed. The children’s provisions are perhaps the most far-reaching, requiring parental consent for users under 18. The move comes at a time when other countries, such as Australia, have moved to ban digital service providers from catering to children at all. India’s approach is both different and more stringent — there is no blanket ban and yet the 18-year threshold is higher than the European Union’s 16 years. Experts say in its current form the rule rests on the premise that children must first admit they’re children. This honour system might seem naive, but it might also be the least privacy-invasive option available. The alternative — verifying everyone’s age — would create a surveillance apparatus far more concerning. Large divides in digital literacy across the country too will need careful focus to ensure no children, or parents, are left at risk by choices they don’t fully understand.

The second aspect deals with holding companies accountable when they lose user data. The rules require notification of breaches, a welcome step in an era where digital utilities frequently leak or lose citizen data. Companies must tell users “without delay” when their information is compromised, explaining not just what was taken but what it might mean for them. Equally significant is the mandatory deletion requirement. After three years of inactivity, big platforms must eliminate user data unless legally required to retain it. This “digital sunset” clause recognises that privacy includes the right to be forgotten.

But these protections face practical challenges too. The law itself creates a bifurcated compliance burden for government entities and private organisations. The reliance on the rules on government-authorised mechanisms for verification remains untested, and broad exemptions for certain sectors strike at the heart of privacy protection. Yet despite these contradictions, the rules represent a significant forward step toward digital dignity. Substantial work lies ahead before they are finalised and the industry, as well as users, adapt to a safer digital future.

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