In this ‘Leading Questions’ section, Sidhant Dhingra and Shikher Upadhyay explain DPDP execution by outlining Data Fiduciary responsibilities, Significant Data Fiduciary duties, strict protections for children’s data, and rules for data erasure and retention.
Question: What constitutes "Reasonable Security Safeguards" under Section 8(5), DPDP Act and Rule 6, DPDP Rules?
Answer: Rule 6 sets baseline legal requirements for Section 8(5) compliance. At a minimum, Data Fiduciaries must implement:
- Technical safeguards, including encryption, obfuscation, masking, or tokenisation.
- Access control mechanisms and continuous system monitoring.
- Mandatory log retention for at least one year for breach detection and investigation.