India confronts the data dilemma

India’s new data protection rules promise greater clarity, stronger rights, and a more trustworthy digital ecosystem, but their impact will depend on how fairly and consistently they are enforced.

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By Shahid Faridi
New Update
Data privacy

Think for a moment about how much of your life now happens online. You may pay your electricity bill before breakfast, message family through the morning, order medicines by afternoon, and end your day streaming a film or scrolling through social media. Every tap, every search, every click, and every purchase creates a small trail of personal data. Most of us know this, but very few of us pause long enough to ask the obvious questions. Who controls this data, who decides how it is used, and who protects it when something goes wrong?

India’s new Digital Personal Data Protection rules attempt to answer these questions with a clarity that has long been missing. They take an enormous, complicated area of digital life and bring it closer to ordinary people, not by simplifying the law, but by reframing it in terms of fairness and trust. The idea is simple. People should understand what happens to their data, and they should have a meaningful say in that process.

For years, online consent has been almost meaningless. A user sees a long page full of technical text, scrolls straight to the bottom, clicks accept, and moves on. No one has time to read twenty pages of fine print, and companies have relied on that fact. The DPDP rules attempt to change the power balance by insisting that consent notices must be written clearly, in plain language, and must explain exactly what data is collected, why it is collected, and how the user can reverse the decision later. The ability to withdraw consent with the same level of ease is especially important. It prevents companies from making it simple to join and difficult to leave, and it acknowledges that users deserve flexibility and respect.

One of the most user friendly features in the new framework is the creation of a consent manager. Imagine having a single place where you can see all the permissions you have given to different apps and websites. You would be able to review which platforms have your location data, which have access to your photographs, and which have stored your shopping history. More importantly, you would be able to make changes easily. This is something people have long needed but never had. If implemented well, it could give users a real sense of control over their digital footprint, something that has rarely felt possible until now.

Breach notifications are another area where the new rules speak directly to the lived experience of everyday users. When companies suffer data breaches, people often find out late or not at all. Many receive vague or formulaic emails that sound like general announcements instead of clear explanations. The DPDP rules raise the standard by requiring companies to notify affected individuals promptly and in plain language. Companies must also inform the Data Protection Board immediately and submit a detailed follow up report within seventy two hours. This creates a culture of transparency, and it treats breaches as serious events that demand honest communication. After all, when your personal information is exposed, you deserve to know quickly so that you can take protective action.

Another part of digital life that people rarely think about is the huge amount of old data that sits on servers long after users stop using certain platforms. You may have an old gaming account, a forgotten shopping profile, or a social media page you abandoned years ago. The data stays behind, sometimes indefinitely, and becomes a long term risk. The new rules recognise this problem. Large platforms must delete user data after three years of inactivity, unless they have a legal or specific rule based reason to keep it. Users must also be informed forty eight hours before their data is erased. It is a simple but powerful step towards reducing unnecessary exposure.

Parents will welcome the stronger protections for children. Verifying parental consent for processing child data is now a real requirement rather than a symbolic tick box. With children spending more time online and sharing more information than previous generations, this safeguard is especially important. The rules also extend similar consent protections to persons with disabilities who rely on guardians, making the framework more inclusive and sensitive to different needs.

The most complex part of the new framework concerns the largest and most influential digital platforms, often those with millions of users. These companies may be classified as Significant Data Fiduciaries, which means they must follow stricter obligations. They will need to conduct annual audits, carry out data protection impact assessments, and regularly examine their own algorithms for potential risks to users. This type of responsibility is essential in an era where algorithms quietly shape what people see, hear, buy, and believe. Greater scrutiny forces companies to take responsibility for the systems they build, rather than hiding behind the idea that technology operates independently of human oversight.

Cross border data transfers are treated with a balanced approach. Most people never think about where their data physically sits, whether it is stored in Bengaluru, Frankfurt, or Singapore. What they want is security and fairness. Under the rules, data can be transferred outside India unless the government specifically restricts such transfers to certain countries or entities. This gives businesses the flexibility they need to operate in a global digital economy, while letting the government introduce targeted restrictions for national security or public interest reasons.

The government has also taken a thoughtful approach to implementation by phasing the rollout. The Data Protection Board becomes active immediately, but companies have time to adjust to the new obligations.  The consent manager framework will come into effect after twelve months, and the core compliance requirements will apply after eighteen months. This approach respects the practical challenges companies face, such as upgrading systems, training staff, and rewriting contracts. It also gives the regulator time to build capacity and provide guidance.

What makes the DPDP rules notable is not only their legal content but their attempt to make the digital world feel more humane and more transparent. 

At a time when people increasingly worry about who controls their data, India’s framework offers a chance to rebuild trust. It tells companies that data represents human lives, not simply commercial assets. It tells citizens they have rights and choices in the digital world. And it tells the government that privacy must grow alongside innovation, not behind it. If the rules are enforced with care and clarity, they can help create a digital future where people feel informed, respected, and confident. India has taken a major step in that direction.

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