Section 40: Power to make rules
Simple Explanation
Section 40 is the rule-making provision that gives the Central Government power to flesh out the Act's framework:
Rules can cover:
1. Notice formats and procedures (Sections 5, 6)
2. Consent Manager accountability, obligations, and registration
3. Categories of government subsidies and benefits
4. Data breach intimation forms and formats
5. Time periods for data retention and purpose completion
6. Publication of Data Protection Officer contact details
7. Verifiable consent procedures for children
8. Exemptions for specific classes of Data Fiduciaries processing children's data
9. Data Protection Impact Assessment details
10. Procedures for Data Principals to request access, correction, or erasure
11. Grievance response timelines
12. Nomination procedures
13. Board appointment, salary, and authentication procedures
14. Techno-legal measures for Board functioning
15. Appeal forms, fees, and procedures
These rules will provide the detailed operational framework for the Act.
Key Points
- ✓Central Government can make detailed rules
- ✓Covers notice formats, consent management, and breach reporting
- ✓Includes procedures for access, correction, and erasure requests
- ✓Defines Board operational and appointment procedures
- ✓Rules require previous publication (draft for public comment)
Official Text (Summary)
The Central Government may make rules for carrying out the purposes of this Act, including matters such as: manner of notice under sections 5 and 6; Consent Manager obligations and registration; subsidy and benefit categories; breach intimation forms and time periods; DPO contact publication; verifiable consent for children; Data Protection Impact Assessment matters; request procedures for access and erasure; grievance response periods; nomination procedures; Board appointment procedures; and any other prescribed matters.
Source: The Digital Personal Data Protection Act, 2023 (No. 22 of 2023), Ministry of Law and Justice.
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