NHRC Issues Notice Over Violation of Digital Personal Data Protection Act

by

Narendra Jijhontiya

NHRC Issues Notice Over Violation of Digital Personal Data Protection Act

New Delhi, March 25: The National Human Rights Commission (NHRC) has taken suo motu cognizance of alleged violations of the Digital Personal Data Protection Act (DPDPA). This case particularly concerns the tracking of children’s data transfers and the lack of a grievance redressal system, which has been found absent on major digital platforms.

A bench led by NHRC member Priyank Kanungo initiated action based on a complaint received from the think tank Asia. The commission has issued notices to the Ministry of Electronics and Information Technology, the Ministry of Education, and the Ministry of Communications. Copies of these notices have also been sent to the Ministry of Home Affairs.

The NHRC has questioned the Ministry of Communications regarding the process for providing SIM connections to children for internet or mobile use. Notably, there is no available information on SIM card registrations in children’s names in India.

The DPDPA, enacted in 2023 and set to be implemented with rules notified by the end of 2025, is considered one of the most advanced data protection laws globally. Its aim is to safeguard sensitive groups, including children, women, and the elderly, from cyber threats.

While some provisions, such as verifiable parental consent, have been granted an 18-month grace period, critical provisions like data tracking, server security, and grievance redressal mechanisms must be implemented immediately.

According to reports, major platforms such as Meta Platforms, Khan Academy, WhatsApp, Grok, Gemini, Perplexity AI, and Microsoft Math Solver have yet to fully comply with these provisions.

The commission has expressed serious concern over this situation, labeling it a significant threat to children’s digital safety, and has directed the relevant entities to submit compliance reports within 15 days.

It is important to note that the NHRC is a statutory and independent body that works to protect human rights in India. Its members hold the same status as Supreme Court judges.

The commission has indicated that similar actions may be taken in the future to protect the rights of other vulnerable groups, including the elderly.

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