Governance
Digital Personal Data Protection (DPDP) Rules, 2025
- 18 Nov 2025
- 13 min read
For Prelims: Telecom Disputes Settlement and Appellate Tribunal, Data Protection Board, Fundamental Right to Privacy, Right to Information (RTI) Act, 2005
For Mains: DPDP Act, 2023 and DPDP Rules, 2025, Balancing privacy and transparency, Rights of Data Principals in India
Why in News?
India notified the Digital Personal Data Protection (DPDP) Rules, 2025. This marks the full operationalisation of the Digital Personal Data Protection (DPDP) Act, 2023.
- Together, the Act and the Rules form a clear and citizen-centred framework for the responsible use of digital personal data.
What are the Digital Personal Data Protection (DPDP) Rules, 2025?
- About: The DPDP Rules, 2025 operationalise the DPDP Act by creating a clear, practical system for personal data protection.
- They strengthen citizen rights, ensure responsible data use by organisations and curb unauthorized use of data.
- The Rules reduce digital harms, support innovation and help build a secure, trusted digital economy for India.
- The DPDP framework puts citizens at the centre of data protection, giving them clear control over how their personal data is used.
Core Provisions
- Phased and Practical Implementation: The Rules allow an 18-month compliance window, giving organisations time to update systems and adopt responsible practices.
- Data Fiduciaries must issue simple, purpose-specific consent notices, and all Consent Managers must be India-based companies.
- Personal Data Breach Notification: Data breaches must be reported to affected individuals without delay, using plain language that explains the incident, potential impact and steps taken, along with clear contact details for assistance.
- Transparency and Accountability: Data Fiduciaries must display clear contact information for data-related queries.
- Significant Data Fiduciaries must undergo independent audits, conduct impact assessments and follow stricter rules, including government directions on restricted or locally stored data.
- Digital-First Data Protection Board: The Rules set up a fully digital Data Protection Board with four members, allowing citizens to file and track complaints online through a portal and app.
- Appeals against the Board’s decisions will be heard by the Appellate Tribunal, TDSAT.
- Strengthening Rights of Data Principals: Individuals can access, correct, update or request deletion of their personal data, and may nominate someone to act on their behalf. All such requests must be resolved within 90 days.
What is the Digital Personal Data Protection (DPDP) Act, 2023?
- About: The DPDP Act, passed in August 2023, sets out India’s framework for protecting digital personal data.
- It explains the duties of organisations handling such data and follows the SARAL (Simple, Accessible, Rational and Actionable) approach so that the rules remain simple, clear and easy to follow.
- The DPDP framework also aligns with the Right to Information (RTI) Act, 2005 by balancing privacy rights with the public’s right to information.
- Core Principles: The law rests on seven core principles. These include consent and transparency, purpose limitation, data minimisation, accuracy, storage limitation, security safeguards and accountability.
- These principles guide every stage of data processing. They also ensure that personal data is used only for lawful and specific purposes.
- Data Protection Board of India: The Act sets up the Data Protection Board as an independent body to oversee compliance, investigate breaches and ensure corrective steps.
- It helps protect individual rights and strengthens trust in India’s digital environment.
- Key Terms Under the DPDP Act, 2023:
- Data Fiduciary: An entity that decides why and how personal data is processed, either alone or with others.
- Data Principal: The individual to whom the personal data relates.
- In the case of a child, this includes a parent or lawful guardian.
- For a person with a disability who cannot act independently, this includes the lawful guardian acting on their behalf.
- Data Processor: Any entity that processes personal data on behalf of a Data Fiduciary.
- Consent Manager: An entity that provides a single, transparent and interoperable platform through which a Data Principal may give, manage, review or withdraw consent.
- Appellate Tribunal: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT), which hears appeals against decisions of the Data Protection Board.
- Penalties Under the DPDP Act, 2023: The Act imposes strict penalties on Data Fiduciaries, including fines up to Rs 250 crore for failing to maintain security safeguards.
- Not reporting data breaches or violating child-related provisions can lead to penalties up to Rs 200 crore, while other violations may attract fines up to Rs 50 crore.
- Significance: DPDP increases privacy rights but still keeps the RTI Act working as before. It ensures both privacy and access to information can work together.
- The amendment to Section 8(1)(j) of the RTI Act through the DPDP Act balances the fundamental right to privacy, as affirmed by the Supreme Court in Justice K.S. Puttaswamy v. Union of India (2017), with the right to information.
- This amendment aligns with established judicial reasoning on reasonable restrictions, codifies existing jurisprudence, and helps avoid potential conflicts between the laws.
- However, Section 8(2) of the RTI Act still permits disclosure of Information when public interest is more important than privacy harm. This keeps the core purpose of RTI intact promoting openness and accountability in public life.
- The amendment removes legal uncertainty and prevents clashes between privacy protection and information access. It maintains the essence of the RTI Act while strengthening privacy under DPDP.
- The amendment to Section 8(1)(j) of the RTI Act through the DPDP Act balances the fundamental right to privacy, as affirmed by the Supreme Court in Justice K.S. Puttaswamy v. Union of India (2017), with the right to information.
What are the Rights and Protections for Citizens under India’s DPDP Framework?
|
Right / Protection |
Description |
|
Right to Give or Refuse Consent |
Citizens can allow or deny use of their personal data. Consent must be clear and can be withdrawn anytime. |
|
Right to Know How Data is Used |
Individuals can ask what data is collected, why it is used and how it is processed, and organisations must provide this information in a simple form. |
|
Right to Access Personal Data |
Citizens may request a copy of their personal data held by a Data Fiduciary. |
|
Right to Correct Personal Data |
Individuals can get inaccurate or incomplete data corrected. |
|
Right to Update Personal Data |
Citizens can update changed details like address or contact number. |
|
Right to Erase Personal Data |
Individuals can request deletion of their personal data in specific situations, and the Data Fiduciary must act on the request within the allowed timeframe. |
|
Right to Nominate Another Person |
Individuals can nominate someone to exercise their data rights on their behalf, helpful in cases of illness or other limitations. |
|
Mandatory 90-Day Response |
Fiduciaries must act on access, correction, update or erasure requests within 90 days. |
|
Protection During Data Breaches |
Citizens must be informed quickly about breaches, their impact and the steps to take. |
|
Clear Contact for Queries |
A Data Fiduciary must provide a designated officer or Data Protection Officer for data-related questions. |
|
Special Protection for Children |
Processing a child’s data requires verifiable parental/guardian consent, except for essential services such as healthcare, education or real-time safety. |
|
Special Protection for Persons with Disabilities |
A lawful guardian must give consent if a person with a disability cannot make decisions, as per relevant laws. |
Conclusion
The DPDP Act, 2023 and Rules, 2025 create a clear, citizen-focused system for handling personal data, strengthening privacy rights and enforcing organisational accountability. The framework supports a secure, transparent and innovation-friendly digital ecosystem, helping India advance its digital economy while protecting user trust.
|
Drishti Mains Question: Discuss how the Digital Personal Data Protection (DPDP) Act, 2023 and the DPDP Rules, 2025 strengthen citizen rights while enabling a secure and innovation-friendly digital economy in India. |
Frequently Asked Questions
Q. What is the purpose of the Digital Personal Data Protection (DPDP) Act, 2023?
It establishes India’s legal framework for protecting digital personal data using the SARAL approach and defines duties for organisations handling such data.
Q. Who are considered Data Fiduciaries and Data Principals under the DPDP Act, 2023?
A Data Fiduciary decides how and why personal data is processed, while a Data Principal is the individual to whom the data relates, including guardians for children and persons with disabilities.
Q. What powers does the Data Protection Board of India have?
The Board investigates breaches, enforces compliance, orders corrective action and enables digital grievance redressal, with appeals heard by TDSAT.
Q. How do DPDP and Right to Information (RTI) Act, 2005 function together?
DPDP amends Section 8(1)(j) of RTI Act, 2005 to protect privacy but retains Section 8(2), allowing disclosure when public interest outweighs privacy harm, ensuring harmony between transparency and privacy.
UPSC Civil Services Examination, Previous Year Question (PYQ)
Prelims
Q. ‘Right to Privacy’ is protected under which Article of the Constitution of India? (2021)
(a) Article 15
(b) Article 19
(c) Article 21
(d) Article 29
Ans: (c)
Q. Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement? (2018)
(a) Article 14 and the provisions under the 42nd Amendment to the Constitution.
(b) Article 17 and the Directive Principles of State Policy in Part IV.
(c) Article 21 and the freedoms guaranteed in Part III.
(d) Article 24 and the provisions under the 44th Amendment to the Constitution.
Ans: (c)
Mains
Q. Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (2017)
Q. Describe the context and salient features of Digital Personal Data Protection Act 2023. (2024)