Draft Digital Personal Data Protection Rules 2025

Context: The draft Digital Personal Data Protection Rules, 2025, released by MeitY in January under the Digital Personal Data Protection Act, 2023, has faced several criticisms.

Criticisms of the Draft Digital Personal Data Protection Rules, 2025

• Appointment of DPB Members: The Union government has the discretion to appoint members to the Data Protection Board (DPB), raising concerns over the separation of powers and the independence of the DPB since it performs quasi-judicial functions.
• Dispute Resolution Mechanism: Appeals from the DPB’s decisions will be filed before the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) within 6 months, which is seen as unrealistic given the TDSAT’s current workload and capacity constraints.

Demands for Institutional Reforms

Specialist Appointment: A technical member with expertise in data protection should be appointed to the TDSAT since data protection issues are distinct from telecom matters.

• An amendment to Section 14C of the TRAI Act is required to accommodate this change.

• Increased Capacity: TDSAT is already overburdened, with over 3,448 pending cases as of February 2025.
• • More budget allocations and additional benches are needed to handle the increased workload from data protection cases.
• Technological Infrastructure: TDSAT’s website and digital filing systems need significant upgrades to handle data protection appeals efficiently.
  • Improved access to case information and smoother digital navigation are necessary.
• Accountability: TDSAT should publish annual reports detailing the number of appeals filed, disposed of, and pending, along with key issues involved in each type of matter.

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