The DPDPA Rules contain two sets of rules. One set appliable immediately on publication and another set for which separate dates will be notified.<\/p>\n\n\n\n
The rules that will become immediately applicable namely Rules 1, 2 and 16 to 20 are related to <\/p>\n\n\n\n
The other rules are related to the obligations. <\/p>\n\n\n\n
There is however lack of clarity on when will Section 44 of DPDPA 2023 be considered effective.<\/p>\n\n\n\n
Section 44 is the section which addresses the amendments to ITA 2000 and RTI Act. This determines when the obligations under Section 43A of ITA 2000 will extinguish and penalties under Section 33 of DPDPA 2023 kick in. <\/p>\n\n\n\n
Since there is no rule associated with either Section 33 or 44 of the DPDPA 2023, in the present set of rules, we need to await the next notification for this purpose probably within the 2 year limit which the Minister has indicated in his interview. <\/p>\n\n\n\n
FDPPI had presented a set of comments on 5th August 2024 <\/a>based on the first draft of the rules then available in which we had made the comment that this should be made effective after one year.<\/p>\n\n\n\n It is considered necessary that a separate rule or a notification should specify when Section 44 of the DPDPA 2023 becomes effective and it has to be synchronized with the notification of Section 33 of DPDPA 2023 on penalties. <\/p>\n\n\n\n For this purpose, either a separate Rule 23 is added to the rules or one more sub clause could be added in Rule 1 stating<\/p>\n\n\n\n 4. The sections 33 and 44 of DPDPA 2023 shall come into force with effect from ………………..<\/p>\n\n\n\n If a separate Rule 23 is added, it can also define the current and future role of the Adjudicator of ITA 2000 including a mention that the Adjudicator of ITA 2000 shall continue to be the authority to which a data principal affected by a personal data breach can apply for compensation under Section 43 of ITA 2000.<\/p>\n\n\n\n Naavi<\/p>\n\n\n\n The DPDPA Rules contain two sets of rules. One set appliable immediately on publication and another set for which separate dates will be notified. The rules that will become immediately applicable namely Rules 1, 2 and 16 to 20 are … Continue reading <\/ol>\n","protected":false},"excerpt":{"rendered":"