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<Prompt> Include practical steps (eg for informed and verifiable consent, what can an NGO do) for each of these points.
Here’s a practical guide for NGOs to comply with India’s Digital Personal Data Protection Act, 2023 (DPDP Act):
1. Obtain Informed and Verifiable Consent
What NGOs Need to Do:
Use Clear Consent Forms: Design forms in simple, local languages explaining why data is collected and how it will be used.
Digital Consent Mechanism: Use checkboxes in online forms or OTP-based verification to capture consent.
Maintain Consent Records: Store consent logs (paper/digital) in a structured database for verification.
Enable Easy Withdrawal of Consent: Provide a clear option to revoke consent via email, web portal, or helpline.
2. Implement Robust Data Security Measures
What NGOs Need to Do:
Adopt Encryption: Encrypt stored and transmitted personal data to prevent breaches.
Restrict Access: Implement role-based access control (RBAC) to limit who can access sensitive data.
Secure Physical Data: Lock cabinets containing paper records and restrict access.
Regular Security Audits: Conduct periodic checks and vulnerability assessments.
Have a Breach Response Plan: Define steps to report and mitigate data breaches within a specified timeframe.
3. Establish a Grievance Redressal Mechanism
What NGOs Need to Do:
Appoint a Data Protection Officer (DPO): Assign a person responsible for data-related queries and complaints.
Create a Dedicated Grievance Email or Form: Offer a structured online/offline form to submit complaints.
Set a Response Timeline: Ensure grievances are acknowledged within 7 days and resolved within 30 days.
Publicly List Contact Details: Display the grievance redressal contact on your website and documents.
4. Manage Data of Children with Extra Care
What NGOs Need to Do:
Parental/Guardian Consent: Implement a system where parents approve data collection (e.g., parental email verification).
Avoid Tracking & Targeted Advertising: Do not track online behavior of children under 18.
Use Child-Safe Content: Avoid content that manipulates or influences children unfairly.
Limit Data Collection: Collect only essential data for NGO programs related to children.
5. Uphold Data Subject Rights (Access, Correction, Deletion)
What NGOs Need to Do:
Enable Data Access Requests: Allow individuals to request their data via email or an online portal.
Provide Data Correction Options: Develop a simple process for beneficiaries to update incorrect data.
Delete Data Upon Request: Have a procedure to erase personal data within a reasonable timeframe.
Automate Some Processes: Where possible, use software (e.g., ERPNext) to handle such requests efficiently.
6. Ensure Lawful Data Processing
What NGOs Need to Do:
Define Purpose Before Collecting Data: Clearly state why data is collected (e.g., beneficiary tracking, impact assessment).
Use Data Only for Approved Purposes: Do not share or sell data to third parties without explicit consent.
Periodically Review Data Practices: Conduct internal audits to ensure compliance with lawful processing.
Limit Data Retention: Set policies for deleting outdated data that is no longer required.
7. Be Aware of Exemptions
What NGOs Need to Do:
Understand Lawful Exceptions: Learn when NGOs can process data without consent (e.g., legal obligations, emergencies).
Document Justifications for Exemptions: If claiming an exemption, keep a record of the reason and legal basis.
Limit Scope of Exemptions: Even if permitted to process data under an exemption, minimize data collection and retention.
8. Avoid Legal Penalties
What NGOs Need to Do:
Train Employees on Data Protection: Conduct workshops on best practices and legal compliance.
Maintain Compliance Records: Keep a detailed record of policies, consents, security audits, and grievances.
Engage Legal Experts for Guidance: Consult a legal advisor for complex cases and periodic reviews.
Regularly Review the Law for Updates: Ensure the NGO stays updated with changes in data protection regulations.
Conclusion
By implementing these steps, NGOs can protect personal data, comply with the DPDP Act, and build trust with beneficiaries, donors, and regulatory bodies.