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ARTICLE · 28 OCTOBER 2026

A Missing “Of” And A Missing “Data”: The DPDP Removal Of Difficulties Order, 2026

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The MeITY notified the Digital Personal Data Protection (Removal of Difficulties) Order, 2026 (S.O. 5458(E)) on October 5, 2026, and it came into force on October 6, 2026. It is issued under section 43(1) of the DPDP Act, which allows the Centre to remove difficulties in giving effect to the Act through provisions not inconsistent with it.

IndiaPrivacy
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The MeITY notified the Digital Personal Data Protection (Removal of Difficulties) Order, 2026 (S.O. 5458(E)) on October 5, 2026, and it came into force on October 6, 2026. It is issued under section 43(1) of the DPDP Act, which allows the Centre to remove difficulties in giving effect to the Act through provisions not inconsistent with it. The Order makes two amends.

Under section 9(1), the words “child or a person with disability” has been replaced with “child or of a person with disability”. The missing “of” had blurred the link between the two categories. The correction makes clear that a Data Fiduciary must obtain verifiable consent from the parent or lawful guardian before processing the personal data of a child, and also the personal data of a person with disability who has a lawful guardian.

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