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MeitY is finalizing public consultations on the draft Rules for the Digital Personal Data Protection Act (DPDP Act) by March 5, 2023.
Disability rights activists seek amendments to a provision in the Act, which they argue infantilizes Persons with Disabilities (PwDs) and disregards their decision-making abilities.
What Does This Provision State?
Section 9(1) of the Act requires that consent for using personal data of adult PwDs with legal guardians be obtained from the guardian.
While some government officials suggest the draft Rules address the issue, activists argue there are still significant challenges in its implementation.
What Do the Draft Rules Say?
The DPDP Act aims to balance individuals' right to protect personal data and the need to process it for lawful purposes.
Section 9(1) requires data fiduciaries to obtain consent from the guardian before processing the data of PwDs with legal guardians.
The draft Rules specify the need to verify guardianship through court-appointed or legal authorities, especially under :
the Rights of Persons with Disabilities Act, 2016 (RPWD Act) and
National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (NT Act).
How Do Guardianships for PwDs Work?
Guardianship is governed by the RPWD Act (for limited guardianship) and the NT Act (for full guardianship).
The RPWD Act supports decision-making for PwDs, while the NT Act mandates full guardianship, limiting PwDs' autonomy.
The RPWD Act aligns more with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), focusing on support in decision-making rather than stripping autonomy.
Where Does the Conflict Arise?
Surveys show many PwDs under the RPWD Act experience practical challenges, with legal guardians managing most affairs.
Section 9(1) of the DPDP Act assumes a PwD's incapacity in decision-making based solely on having a guardian, disregarding the varying degrees of autonomy.
The law does not account for gender-disability intersectionality, raising concerns about PwD women needing guardian consent for basic purchases.
What Are the Concerns Being Raised?
Key concerns include the legal obligations of guardians, the conflict between guardianship laws and the UNCRPD, and whether guardians can opt out of giving consent for specific platforms.
Questions are raised about the fate of personal data if the PwD lacks a guardian, and whether legal guardians could act in their own interests.
A primary barrier to PwDs' digital rights is inaccessible platforms, with many popular apps failing accessibility evaluations.
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