Data Empowerment and Protection Architecture (DEPA), introduced by Niti Aayog in 2020, can be the backbone of Consent Management under DPDP Rules 2025
The advent of the Digital Personal Data Protection (DPDP) Rules 2025 emphasizes the need for effective consent management systems, and the Data Empowerment and Protection Architecture (DEPA) stands as a transformative solution. Developed by NITI Aayog, DEPA ensures user-centric data governance by empowering individuals with control over their personal data. This blog explores how DEPA’s framework complements the DPDP Rules, creating a robust foundation for transparent, secure, and scalable consent management.
In today’s digital landscape, the need for robust and user-centric data governance systems is more pronounced than ever. The Data Empowerment and Protection Architecture (DEPA), launched by NITI Aayog in 2020, emerges as a critical framework for empowering individuals with control over their personal data. DEPA’s principles and architecture align closely with the consent management requirements outlined in the DPDP Rules 2025, making it an invaluable foundation for implementing these rules effectively.
Understanding DEPA: A Brief Overview
DEPA establishes a consent-based data sharing framework that places individuals at the center of data transactions by granting them the power to control, audit, and seamlessly share their data. Through the creation of Consent Managers, individuals can share granular data securely and efficiently with authorized entities. These Consent Managers serve as intermediaries, ensuring that data is shared with explicit, informed, and revocable consent. DEPA was designed to solve challenges such as data silos, overbroad consent mechanisms, and lack of user agency.
Linking DEPA 2020 to the Role of Consent Managers in DPDP Rules 2025
The DPDP Rules 2025 build on DEPA’s innovative framework, leveraging its core principles to operationalize consent management effectively. Under the DPDP Rules, Consent Managers act as registered entities that enable data principals (individuals) to manage their data privacy preferences seamlessly. Here’s how DEPA provides a solid foundation for these roles:
- Consent Collection and Management
DEPA’s Consent Managers provide user-friendly platforms to facilitate granular consent management. Similarly, the DPDP Rules require Consent Managers to enable individuals to give, modify, or withdraw consent for data processing by various data fiduciaries. This alignment ensures consistency in enabling individuals to have control over their data sharing choices.
- Record Keeping and Transparency
DEPA mandates the use of consent logs to maintain detailed records of consents, ensuring not only transparency but also legal accountability and trust for individuals when they review their consent history. The DPDP Rules reinforce this by requiring Consent Managers to maintain comprehensive records, including the date, time, and purpose of data sharing, ensuring accountability and transparency.
- Data Sharing Transparency and Access
Both DEPA and the DPDP Rules emphasize informing individuals about how their data is used. DEPA’s design allows users to access clear and actionable insights about which data fiduciaries are utilizing their data and for what purpose, aligning with the DPDP framework’s requirement for transparency through registered Consent Managers.
- No Access to Personal Data
DEPA establishes that Consent Managers are data-blind intermediaries, aligning with the DPDP Rules’ requirement that they must not have direct access to personal data, ensuring data security and privacy.
- Registration and Compliance
DEPA’s principle of interoperable and standardized frameworks aligns with the DPDP Rules’ mandate for Consent Managers to register with the Data Protection Board of India (DPBI) and adhere to defined technical and operational standards.
Enhancing User Control and Privacy with Consent Managers
Key functions of Consent Managers as outlined in the DPDP Rules enhance the user-centric approach of DEPA by:
- Providing Access and Control: DEPA-inspired platforms under the DPDP framework allow individuals to easily access and modify their consent settings through user-friendly interfaces, reinforcing user empowerment.
- Ensuring Transparency: The clear communication of data sharing purposes and data fiduciaries’ roles enhances trust in digital ecosystems.
- Facilitating Accountability: Regular audits and adherence to compliance standards ensure that Consent Managers operate with integrity and focus on data principal interests.
Addressing Challenges
While DEPA offers a robust foundation, challenges like inconsistent implementation across sectors and the need for enhanced workforce training to handle technological intricacies remain critical obstacles to address. These can be mitigated through:
- Unified Standards: Establishing a uniform framework for sectoral implementation to ensure consistency.
- Collaboration: Engaging public and private stakeholders to co-create adaptable solutions.
- Investment in Infrastructure: Building resilient digital frameworks to support scalable consent management.
Way forward: Strengthening Consent Management under DPDP Rules
To ensure the seamless integration of DEPA principles into the DPDP framework, a collaborative, transparent, and adaptable approach is vital. The following steps are recommended:
Building a Comprehensive Ecosystem:
- Foster collaboration between public and private stakeholders, including government agencies, industry players, and civil society organizations.
- Encourage innovative business models for Consent Managers that prioritize user trust and data security.
Standardizing Operational Protocols:
- Develop and enforce sector-specific operational and technical standards to ensure consistency and scalability of consent management systems.
- Implement clear guidelines for Consent Managers to maintain robust transparency and accountability.
Enhanced Public Awareness Campaigns:
- Educate individuals about their data rights and the role of Consent Managers to build trust in digital ecosystems.
- Provide multilingual, accessible resources to reach diverse populations across India.
Investing in Technology and Infrastructure:
- Promote the adoption of advanced technologies, such as blockchain, to enhance consent management systems.
- Strengthen digital infrastructure to support secure and scalable operations of Consent Managers
Capacity Building and Training:
- Develop specialized training programs for Consent Managers and data fiduciaries to ensure compliance with DPDP Rules.
- Establish certification standards to ensure technical expertise in managing consent-based systems.
Recommended Consent Management Model under DPDP Rules
A successful consent management model under the DPDP framework should include:
Core Features of Consent Management Systems:
- Easy-to-use interfaces for data principals to manage consent with granular controls.
- Real-time consent dashboards enabling users to track data sharing activities and audit trails.
- Provisions for automated alerts notifying users of consent usage or expiration.
Compliance and Oversight Mechanisms:
- Regular audits by the Data Protection Board of India (DPBI) to ensure adherence to technical and operational standards.
- Incorporation of penalties for non-compliance by Consent Managers or data fiduciaries.
Integration with Broader Data Governance Policies:
- Aligning the consent management system with the India Stack to leverage existing digital public goods, such as Aadhaar and DigiLocker.
- Promoting interoperability across industries to create a unified data-sharing ecosystem.
Encouraging Innovation:
- Support research and development in AI-driven solutions to manage and predict consent flows efficiently.
- Provide grants or subsidies for startups and businesses working on innovative consent management technologies.
By adopting these strategies, India can set a benchmark in creating an inclusive, secure, and user-centric consent management system that upholds the principles of DEPA and the DPDP Rules 2025.The integration of DEPA with DPDP Rules 2025 provides a unique opportunity for India to lead in data governance innovation. Stakeholders must engage in co-creating scalable solutions, ensuring that DEPA’s principles are effectively embedded into India’s data protection landscape. Together, we can create a data-driven ecosystem that respects individual privacy and empowers all citizens.
Views of CorpoTech Legal
As India embraces the era of data-driven innovation, DEPA’s alignment with the DPDP Rules 2025 signifies a pivotal step towards a more inclusive and secure digital ecosystem. By fostering a consent management framework that is user-centric, transparent, and technologically robust, DEPA sets the stage for empowering individuals while safeguarding their data rights. The integration of DEPA’s principles with DPDP Rules not only addresses present challenges but also anticipates future needs, paving the way for India to be a global leader in data governance.