Note4Students
From UPSC perspective, the following things are important :
Mains level: Issues related to PwDs;
Why in the News?
The Ministry of Electronics and Information Technology (MeitY) plans to complete public consultations on the draft Rules for the Digital Personal Data Protection Act, 2023, by March 5. Meanwhile, disability rights activists are urging changes to a key provision of the Act.
Why are persons with disabilities concerned about a certain provision in the draft Rules of the Digital Personal Data Protection Act, 2023?
- Infringement on Autonomy and Decision-Making Capacity: Section 9(1) clubs adult PwDs with children, requiring consent from a legal guardian for processing personal data. This undermines their ability to make independent decisions.
- Example: An adult with a physical disability wanting to access online banking may be restricted if the platform requires guardian consent.
- Lack of Clarity and Ambiguity in Implementation: The Act does not clearly outline how consent should be obtained across various disabilities and degrees of severity, leading to confusion.
- Example: A person with limited cognitive impairment under “limited guardianship” may still be treated as entirely incapable.
- Conflict with UNCRPD Principles: The provision conflicts with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which emphasizes supported decision-making over substituted decision-making.
- Example: Under the RPWD Act, a PwD may receive assistance only when necessary, but the DPDP Act assumes total incapacity if a legal guardian exists, contradicting the UNCRPD framework.
- Concerns About Privacy and Data Security: Platforms may need to collect sensitive information (like whether a user has a disability) to verify guardianship status, raising privacy concerns.
- Exclusion from Digital Services: The additional procedural burden on PwDs and data fiduciaries could lead to exclusion from essential digital platforms.
How do guardianships for Persons with Disabilities (PwDs) function?
How are legal guardians defined under the draft rules?
Who are data fiduciaries and data principals?
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Where does the conflict lie?
- Presumption of Incapacity vs. Legal Recognition of Capacity: The DPDP Act assumes adult PwDs lack the capacity to give consent if a guardian is involved, whereas the RPWD Act recognizes their legal capacity and promotes their right to make decisions.
- Example: A person with mild intellectual disability working in a corporate setting may need guardian approval for routine data-related tasks, despite their ability to understand and consent.
- Data Privacy vs. Intrusive Verification: The DPDP Act may require platforms to collect and verify sensitive disability information, potentially breaching privacy rights, while the UNCRPD emphasizes the right to privacy without discrimination.
- Example: An online service requiring disability verification for consent could store unnecessary sensitive data, increasing risks of unauthorized access or misuse.
Way forward:
- Adopt a Supported Decision-Making Model: Align the DPDP Act with the RPWD Act and UNCRPD by recognizing limited guardianship and allowing PwDs to provide independent consent with appropriate support when needed.
- Ensure Privacy and Minimize Data Collection: Limit the collection of sensitive disability information to essential cases, ensuring purpose limitation and data minimization while protecting PwDs’ privacy rights.
Mains PYQ:
Q Impact of digital technology as a reliable source of input for rational decision-making is a debatable issue. Critically evaluate with a suitable example. (UPSC IAS/2021)
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