डिजिटल व्यक्तिगत डेटा संरक्षण अधिनियम, 2023 और इसका शैक्षिक डेटा एवं UDISEPlus पर प्रभाव

Digital Personal Data Protection Act, 2023 and its Impact on Educational Data & UDISEPlus

Digital Personal Data Protection Act, 2023 and its Impact on Educational Data & UDISEPlus

Digital Personal Data Protection Act, 2023 and its Impact on Educational Data & UDISEPlus


1. Introduction

The DPDP: Digital Personal Data Protection Act, 2023  Act is a historical law in India designed to ensure the security & privacy of digital personal data, including educational data like that managed by UDISEPlus: Unified District Information System for Education Plus. Enacted on August 11, 2023, with the President’s assent, it represents a significant step toward safeguarding individuals’ personal information in the digital age. This law aims to protect personal data and regulate its lawful use. It has specific implications for systems like UDISEPlus, which collects comprehensive educational data across India.

A Critical Analysis of the RTI Act Amendment via the Digital Personal Data Protection (DPEP) Act, 2023

  1. Key Provisions

(a) Scope of Application

  • The law applies to digital personal data collected online in India and offline data digitized, encompassing educational platforms like UDISEPlus.
  • It extends to foreign companies offering goods or services to individuals in India.

(b) Definition of Personal Data

  • Personal data includes any information tied to an individual’s identity, such as his/her name, address, phone number, email, or Aadhaar number—data types also collected by UDISEPlus (e.g., student names, Aadhaar).
  • The law covers all digital personal data without distinguishing between sensitive and non-sensitive categories.

(c) Importance of Consent

  • Explicit informed consent is mandatory before collecting data, with parental consent required for minors (e.g., students in UDISEPlus).
  • Consent must be free, specific, and revocable.

(d) Data Usage

  • Data can only be used for the purpose for which consent was given, affecting how UDISEPLUS data is processed for educational planning.
  • Unnecessary data collection is prohibited, potentially prompting a review of UDISEPLUS fields like Aadhaar.

(e) Data Protection Board

  • A “Data Protection Board” will be established to investigate breaches, ensure compliance, and address grievances, including those related to educational data.

(f) Rights of Individuals

  • Right to Access: Individuals (e.g., students, parents, teachers in UDISEPlus) can view and correct their data.
  • Right to Erasure: They can request data deletion, subject to exemptions.
  • Right to Withdraw Consent: Consent can be revoked post-submission.

(g) Protection of Children

  • Strict rules protect the data of individuals under 18, banning its use for tracking or advertising—relevant to UDISEPlus as it primarily handles minors’ data.
  • UDISEPlus current use (educational planning) aligns with this, but broader analytics might face restrictions.

(h) Data Breach Notification

  • Entities must report breaches within 72 hours to the Board and affected individuals, applying to UDISEPLUS’s managing bodies (e.g., Ministry of Education).

(i) Penalties

  • Violations can incur fines up to ₹250 crore, with minor offenses starting at ₹10,000—applicable to non-compliant handling of UDISEPlus data.

(j) Government Exemptions

  • Exemptions exist for national security, public order, or sovereign functions, potentially covering UDISEPlus as a government initiative.

  1. Digital Personal Data Protection Rules, 2025

  • The “Digital Personal Data Protection Rules, 2025” draft, released on January 2, 2025, by the Ministry of Electronics and Information Technology (MeitY), outlines implementation details, with feedback accepted until February 18, 2025.
  • These rules cover breach reporting, child data protection (relevant to UDISEPlus), and consent management, requiring entities like UDISEPlus to adopt encryption and access controls.

  1. Objectives

  • Protect privacy, including that of students and educators.
  • Prevent data misuse across sectors, including education.
  • Enhance trust in India’s digital economy and educational systems.
  • Align with global standards (e.g., GDPR).

  1. Implications for UDISEPlus

UDISEPLUS is an online system managed by the Ministry of Education to collect school-related data, including students’ details (e.g., name, Aadhaar), teacher information, and school metrics. The DPDP Act affects it as follows:

  • Compliance: UDISEPlus must meet security standards (e.g., encryption) and report breaches, even if partially exempted.
  • Consent: Parental consent might be needed for students’ data, challenging current mandatory collection practices.
  • Data Minimization: Fields like Aadhaar may be reviewed for necessity.
  • Rights: Students and parents can access, correct, or erase UDISEPlus data, increasing administrative tasks.
  • Exemptions: UDISEPlus might bypass some rules under public interest provisions as a government tool, though security compliance remains likely.

  1. Implementation Process

  • Passed on August 11, 2023, the Act awaits full implementation once the 2025 rules are finalized, expected in mid-to-late 2025, with enforcement likely in 2026 after a transition period.
  • UDISEPlus will adapt post-notification, depending on exemption clarifications.

  1. Unique Features

  • Uses “she/her” pronouns, promoting gender equality.
  • Applies only to digital data, directly covering UDISEPlus.
  • Emphasizes data minimization, impacting broad data systems.

  1. Challenges

  • Awareness: Educating students, parents, and schools about rights.
  • Infrastructure: Upgrading UDISEPlus and the Data Protection Board technologically.
  • Exemptions: Balancing government flexibility with privacy, especially for educational data.
  • Global Alignment: Matching international norms.

  1. Concluding Observations

The DPDP Act 2023 strengthens privacy and data protection in India, extending to educational systems like UDISEPlus. It empowers individuals, including students and parents, with data control while holding organizations accountable. UDISEPlus introduces security and transparency enhancements, though government exemptions may limit its full impact. Effective implementation, expected by 2026, requires collaboration across government, educational bodies, and citizens to secure India’s digital and educational landscape.

Education for All in India

FAQs on the Digital Personal Data Protection Act, 2023 & UDISEPlus

  1. What is the Digital Personal Data Protection (DPDP) Act 2023?

The DPDP Act 2023 is a law enacted to protect individuals’ personal data in digital form. It regulates how organizations collect, store, and process personal data, ensuring privacy and security.

  1. How does the DPDP Act apply to educational data?

The Act applies to all digital personal data, including student and teacher records maintained by educational platforms like UDISEPlus. It mandates secure handling, consent-based data collection, and compliance with privacy regulations.

  1. What kind of student data does UDISEPlus collect?

UDISEPLUS collects data such as student names, Aadhaar numbers, demographic details, school attendance, teacher records, and infrastructure information.

  1. Does the DPDP Act require parental consent for student data collection?

Yes, for minors (under 18), explicit parental consent is required before collecting personal data, impacting how UDISEPLUS gathers and processes student records.

  1. Will Aadhaar still be required for UDISEPlus after the DPDP Act?

The Act promotes data minimization, meaning unnecessary data collection should be avoided. While Aadhaar usage may continue for identity verification, its mandatory requirement in UDISEPLUS could be reviewed.

  1. What rights do students and parents have under this Act?

Individuals (students, parents, and teachers) have the right to:

  • Access their personal data stored in UDISEPlus
  • Request corrections to inaccurate records
  • Request deletion of data (subject to exemptions)
  • Withdraw consent for data usage
  1. What happens if UDISEPLUS experiences a data breach?

Under the Act, any data breach must be reported within a period of 72 hours to the Data Protection Board and affected individuals. UDISEPlus will need to enhance its cybersecurity measures.

  1. Are there penalties for non-compliance with the DPDP Act?

Yes, violations can result in fines of up to a maximum of ₹250 crore, depending on the severity of the breach. Minor offenses may incur fines starting from ₹10,000.

  1. Is UDISEPLUS exempt from the DPDP Act since it is a government initiative?

The government can claim exemptions for functions related to national security, public order, or governance. However, UDISEPlus is likely to follow most data protection rules while benefiting from some exemptions.

  1. When will the DPDP Act be fully implemented?

The Act was passed on August 11, 2023, but its implementation depends on the Digital Personal Data Protection Rules, 2025. Full enforcement is expected by 2026 after a transition period.