What is a Consent Manager under the DPDP Act and what rights do I have over my data?

Question

I keep hearing about Consent Managers under the new data protection law. What are they and what rights do I have as a data principal? What I am unsure about is the procedure — where the application goes, what it costs, and how long consent manager dpdp act matters usually take. A plain explanation of the steps, in order, would help more than a general answer.

MyVakeel Legal Desk · Accepted Answer

The law that applies to consent manager dpdp act here is Digital Personal Data Protection Act 2023, Section 6, Digital Personal Data Protection Act 2023, Section 11, Digital Personal Data Protection Act 2023, Section 12 and Digital Personal Data Protection Act 2023, Section 13. The detail below matters, because Digital Personal Data Protection Act 2023, Section 6 draws the line differently depending on what your documents show.

Section 6 of the Digital Personal Data Protection Act 2023 allows you to give, manage, review, and withdraw your consent to a data fiduciary through an independent, registered Consent Manager rather than dealing with each entity separately.

A Consent Manager acts as a single interoperable point through which you can track which entities are processing your data and revoke consent easily, and it must be registered with the Data Protection Board.

As a data principal, Section 11 of the Act gives you the right to obtain a summary of your personal data being processed and the identities of other fiduciaries it has been shared with.

Section 12 gives you the right to correction, completion, updating, and erasure of your personal data once it is no longer necessary for the purpose it was collected.

Section 13 gives you the right to have your grievance redressed by the data fiduciary or Consent Manager within a specified time before you approach the Data Protection Board.

What to do next: 1) Identify which entities are processing your data and register with a Consent Manager if offered; 2) Use the fiduciary's grievance mechanism first to request correction or erasure of your data; 3) Escalate an unresolved grievance to the Data Protection Board of India; 4) Keep records of consent given and withdrawn for future reference.

If you are unsure whether your facts fall inside Digital Personal Data Protection Act 2023, Section 6, that is worth checking with an advocate before you commit to a route, because switching later costs time. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in cyber law.