DIGITAL PERSONAL DATA PROTECTION ACT AND DISABILITY RIGHTS

GS2 POLITY:

Overview of the DPDP Act

• The Digital Personal Data Protection (DPDP) Act, 2023 regulates digital data processing while balancing individual rights and lawful processing needs.
• The Ministry of Electronics and IT (MeitY) is consulting on its draft rules.
• Disability rights activists oppose Section 9(1), which mandates guardian consent for processing PwDs’ personal data.

Concerns of Disability Rights Activists

• Section 9(1) infantilizes PwDs, assuming guardianship means inability to make decisions.
• This could restrict access to digital platforms and infringe on autonomy.

Legal Framework for Guardianship

• Rights of Persons with Disabilities Act, 2016 (RPWD Act): Allows limited guardianship for specific legal decisions.
• National Trust Act, 1999 (NT Act): Provides full guardianship in cases of severe disabilities.
• Confusion arises as the DPDP Act does not clarify which guardianship model applies.

Implementation Challenges

• Draft rules lack clear examples on consent mechanisms for PwDs.
• Without specific guidelines, guardianship requirements could compromise autonomy.

Intersectionality and Digital Rights

• Gender and disability complicate digital access.
• Example: A PwD woman may need a guardian’s consent to buy sanitary products online.
• Such restrictions raise concerns about fair access to essential services.

Data Privacy and Legal Responsibilities

• Guardians’ legal obligations for data processing remain unclear.
• Risk of conflict of interest if guardians act against PwDs’ best interests.

Challenges in Digital Accessibility

• Many digital platforms lack accessibility, making it difficult for PwDs to exercise their rights.
• Inaccessible platforms hinder the DPDP Act’s implementation for PwDs.

Activists urge revised guidelines to ensure digital inclusivity and autonomy for PwDs.