DPDP RULES
Rule 1 – Short title and commencement
Rule 2 – Definitions
Rule 3 -Notice given by Data Fiduciary to Data Principal
Rule 4 – Registration and obligations of Consent Manager
Rule 5 – Processing of personal data for provision or issue of subsidy …
Rule 6 – Reasonable security safeguards
Rule 7 – Intimation of personal data breach
Rule 8 – Time period for specified purpose to be deemed …
Rule 9 – Contact information of person to answer questions about processing
Rule 10 – Verifiable consent for processing of personal data of child
Rule 11 – Verifiable consent for processing of personal data …
Rule 12 – Exemptions from certain obligations …
Rule 13 – Additional obligations of Significant Data Fiduciary
Rule 14 – Rights of Data Principals
Rule 15 – Transfer of personal data outside
Rule 16 – Exemption from Act for research
Rule 17 – Appointment of Chairperson …
Rule 18 – Salary, allowances and other terms …
Rule 19 – Procedure for meetings of Board
Rule 20 – Functioning of Board as digital office
Rule 21 – Terms and conditions of appointment …
Rule 22 – Appeal to Appellate Tribunal
Rule 23 – Calling for information from …
First Schedule – Conditions for registration of …
Second Schedule – Standards for processing of …
Third Schedule
Fourth Schedule – Classes of Data Fiduciaries …
Fifth Schedule – Terms and conditions of …
Sixth Schedule – Terms and conditions of appointment …
Seventh Schedule
Rule 11
Verifiable consent for processing of personal data of person with disability who has lawful guardian
(1) A Data Fiduciary, while obtaining verifiable consent from an individual identifying herself as the lawful guardian of a person with disability, shall observe due diligence to verify that such guardian is appointed by a court of law, or by a designated authority or by a local level committee, under the law applicable to guardianship.
(2) In this rule, the expression-
(a) “designated authority” shall mean an authority designated under section 15 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) to support persons with disabilities in exercise of their legal capacity;
(b) “law applicable to guardianship” shall mean, –
(i) in relation to an individual who has long term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders her full and effective participation in society equally with others and who despite being provided adequate and appropriate support is unable to take legally binding decisions, the provisions of law contained in Rights of Persons with Disabilities Act, 2016 (49 of 2016) and the rules made thereunder; and
(ii) in relation to a person who is suffering from any of the conditions relating to autism, cerebral palsy, mental retardation or a combination of such conditions and includes a person suffering from severe multiple disability, the provisions of law of the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple
Disabilities Act, 1999 (44 of 1999) and the rules made thereunder;
(c) “local level committee” shall mean a local level committee constituted under section 13 of the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999);
(d) “person with disability” shall mean and include-
(i) an individual who has long term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders her full and effective participation in society equally with others and who, despite being provided adequate and appropriate support, is unable to take legally binding decisions; and
(ii) an individual who is suffering from any of the conditions relating to autism, cerebral palsy, mental retardation or a combination of any two or more of such conditions and includes an individual suffering from severe multiple disability and who, despite being provided adequate and appropriate support, is unable to take legally binding decisions.
Effective after 18 months (13 May 2027)