Activists’ Demand: Disability rights activists in Delhi are pushing for the amendment or removal of Section 9(1) of the Digital Personal Data Protection (DPDP) Act, 2023.
Issue with Section 9(1):
The provision clubs children with persons with disabilities (PwDs).
Requires consent from a legal guardian for disabled adults who have one, even when they are capable of decision-making.
Criticism of the Provision
Infantilisation of PwDs:
Experts argue it wrongly assumes PwDs lack decision-making capacity.
Contradicts rights recognized under:
Rights of Persons with Disabilities (RPwD) Act, 2016
United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)
Misunderstanding of Guardianship:
PwDs may require guardians for specific areas (e.g., finances) but can make independent decisions in others.
Government's Response
The Chief Commissioner of PwDs (under the Department of Empowerment of Persons with Disabilities) will address concerns regarding DPDP Draft Rules, 2025 with the Ministry of Electronics and IT.
The draft rules specify that the consent requirement applies only to PwDs who:
Have long-term physical, mental, intellectual, or sensory impairment.
Are unable to take legally binding decisions.
Have autism, cerebral palsy, or mental retardation, or a combination of such conditions.
Practical Issues in Implementation:
Limited Guardianship Cases:
PwDs may have guardians for specific decisions (e.g., financial matters).
Requiring guardian consent for unrelated areas (e.g., signing up for a fitness app) violates privacy.
Activists’ Stand:
Report by PACTA and NGO Saksham Disability highlights challenges in implementing the provision.
Nipun Malhotra (Nipman Foundation):
Example: A visually impaired person with a financial guardian should not need their consent for other digital services.
The provision overlooks individual autonomy and privacy rights of PwDs.
COMMENTS