The Digital Personal Data Protection Act, 2023 (DPDP Act), enacted in India, establishes a comprehensive framework for handling personal data. As a Non-Governmental Organisation (NGO), it is crucial to align your data management practices with this legislation to ensure compliance and maintain trust with stakeholders. Here are key considerations:
1. Obtain Informed Consent
Before collecting or processing personal data, secure clear and explicit consent from individuals. Ensure that consent requests are presented in understandable language and detail the specific purposes for data usage. Individuals should also be informed about their rights regarding their data.
2. Implement Robust Data Security Measures
Adopt appropriate security safeguards to protect personal data from unauthorized access, breaches, or misuse. This includes regular security assessments, encryption, and access controls to prevent data breaches. In the event of a breach, promptly notify the Data Protection Board of India and the affected individuals.
3. Establish a Grievance Redressal Mechanism
Set up an effective system to address grievances related to data processing. Publish the contact information of a Data Protection Officer or an authorised person responsible for handling data protection queries and complaints.
4. Manage Data of Children with Extra Care
When dealing with personal data of individuals under 18 years of age, obtain verifiable parental consent. Avoid processing children’s data in ways that could harm their well-being, and refrain from tracking, behavioural monitoring, or targeted advertising directed at children.
5. Uphold Data Subject Rights
Respect individual’s rights to access, correct, update, or delete their personal data upon request. Ensure that your organisation has procedures in place to facilitate these rights efficiently.
6. Ensure Lawful Data Processing
Process personal data only for lawful purposes for which consent has been obtained or as permitted by law. Be transparent about the data processing activities and purposes to maintain trust with your stakeholders.
7. Be Aware of Exemptions
Understand the specific scenarios where data processing may be exempt from certain provisions of the DPDP Act, such as for legal proceedings, law enforcement, or public interest. However, these exemptions should be interpreted narrowly and applied cautiously.
8. Avoid Legal Penalties
Non-compliance with the DPDP Act can result in substantial penalties, including fines up to Rs 250 crore for certain violations. Adhering to data protection regulations not only avoids legal issues but also reinforces your organisation’s commitment to ethical practices.
By integrating these practices, your NGO can navigate the requirements of India’s data protection laws effectively, ensuring the privacy and trust of all individuals whose data you handle.