Concerns Raised By PwDs Over DPDP rules 

Syllabus: GS2/ Governance

Context

• The disability rights activists have raised concerns over certain provisions in the draft Rules of the Digital Personal Data Protection Act, 2023.

Background

• The draft Digital Personal Data Protection Rules aim to safeguard citizens’ rights for the protection of their personal data.
• However, Section 9(1) has raised concerns among disability rights activists as it treats persons with disabilities (PwDs) the same as children in requiring guardian consent for data processing. 

Key Provisions of the rules

• The DPDP Act defines: 
  • Data Fiduciaries as entities processing personal data.
  • Data Principals as individuals whose data is collected.
• For PwDs, Section 2(j)(ii) includes a “lawful guardian” within the meaning of Data Principal, effectively transferring decision-making power from the PwD to their guardian in specific cases.
• Section 9(1): It mandates that for PwDs with legal guardians, consent for data processing must be obtained from the guardian.

Guardianship Laws for PwD

• The National Trust Act (NT Act), 1999: Provides full guardianship for individuals diagnosed with autism, cerebral palsy, intellectual disabilities, or severe multiple disabilities.
• The Rights of Persons with Disabilities (RPWD) Act, 2016: Advocates for “limited guardianship,” ensuring PwDs retain decision-making power with support.
  • The Act aligns with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

Concerns with the Draft Rules

• Denial of Digital Autonomy: Section 9(1) assumes that PwDs with legal guardians do not make independent digital decisions.
• Gender and Disability Intersectionality: PwD women will face additional hurdles, such as requiring guardian consent for accessing essential services for purchasing products online.
• Data Privacy Risks: Platforms may collect disability-related data even when a guardian is not involved, raising concerns over unnecessary data collection and potential misuse.

Way Forward

• Provide Clear Guidelines: Introduce specific illustrations and procedural clarifications in the draft rules to ensure practical implementation.
• Enhance Digital Accessibility: Strengthen mandates for accessible digital infrastructure to reduce systemic barriers faced by PwDs.
• Promote Digital Literacy: Develop targeted programs to empower PwDs with the skills needed for independent online navigation.

Source: TH