FDPPI calls upon GOI to incentivise DPDPA adoption

FDPPI has been working on the adoption of DPDPA Compliance by the society through multiple efforts. Apart from creating “Awareness”, FDPPI has a capacity building program with the creation of “Certified Data Protection Officers and Data Auditors” (C.DPO.DA). Additionally FDPPI has developed an indigenous framework for compliance of DPDPA through DGPSI.

However, it is still an uphill task for pushing the Indian community particularly the MSMEs to take steps for DPDPA Compliance in their operations. One obvious excuse is the lack of funds for compliance while the real reason could be a desire to make hay while the sun shines and gather as much of personal information of public as possible and exploit them. While law can punish them at the appropriate time, the objective of the Government and the society is to persuade the industry to be compliant without the need for using the penalty stick.

FDPPI therefore urges the Government of India to introduce a scheme for incentivisation of adoption of DPDPA at least for MSMEs, in a manner similar to what US Government did for promoting HIPAA adoption. (More details here).

Such a scheme would involve subsidizing the use of “Privacy Compliant Software” and more appropriately “DPDPA Compliant Software” for processing Personal data by a Data Fiduciary. Obviously the software needs to be evaluated and certified as DPDPA Compliant software.

In this direction FDPPI is extending its C.DPO.DA. to specifically train the Data Auditors to evaluate a software system for DPDPA Compliance and assign a DTS score as an indication of the level of “DGPSI Compliance”. Being “DGPSI Compliant” is a fair indication of being “DPDPA Compliance”.

We urge software developers to avail of this evaluation and the tag “Built for DGPSI Compliance” with a “DTS score” and simultaneously urge the MeitY to take steps to introduce a system of incentivisation in the form of a subsidy for use of software which is built for DPDPA Compliance.

Request MeitY to start a debate on this count and form a committee of experts to take a decision at the earliest. This can be announced along with the publication of the final rules under DPDPA.

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