DPDP Rules 2025 · Rule 11
Verifiable consent for processing of personal data of person with disability who has lawful guardian
- Status
- Not yet in force
- Commencement
- 13 May 2027 · computed date, presented as interpretation until officially confirmed (Publication date 13 November 2025 printed on Gazette issue No. 760, plus eighteen months. The corrigendum wording change does not affect this computation.)
- Source
- Digital Personal Data Protection Rules, 2025 (English section of Gazette No. 760) · G.S.R. 846(E) · Gazette page 28
- Last verified
- 17 August 2026
Rule 11. Verifiable consent for processing of personal data of person with disability who has lawful guardian.(1) A Data Fiduciary, while obtaining verifiable consent from an individual identifying herself as the lawful guardian of a person with disability, shall observe due diligence to verify that such guardian is appointed by a court of law, or by a designated authority or by a local level committee, under the law applicable to guardianship. (2) In this rule, the expression — (a) “designated authority” shall mean an authority designated under section 15 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) to support persons with disabilities in exercise of their legal capacity; (b) “law applicable to guardianship” shall mean, — (i) in relation to an individual who has long term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders her full and effective participation in society equally with others and who despite being provided adequate and appropriate support is unable to take legally binding decisions, the provisions of law contained in Rights of Persons with Disabilities Act, 2016 (49 of 2016) and the rules made thereunder; and (ii) in relation to a person who is suffering from any of the conditions relating to autism, cerebral palsy, mental retardation or a combination of such conditions and includes a person suffering from severe multiple disability, the provisions of law of the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999) and the rules made thereunder; (c) “local level committee” shall mean a local level committee constituted under section 13 of the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999); (d) “person with disability” shall mean and include— (i) an individual who has long term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders her full and effective participation in society equally with others and who, despite being provided adequate and appropriate support, is unable to take legally binding decisions; and (ii) an individual who is suffering from any of the conditions relating to autism, cerebral palsy, mental retardation or a combination of any two or more of such conditions and includes an individual suffering from severe multiple disability and who, despite being provided adequate and appropriate support, is unable to take legally binding decisions.
Commencement basis · Rules 3, 5 to 16, 22 and 23
“Rules 3, 5 to 16, 22 and 23 shall come into force eighteen months after the date of publication in the Official Gazette.”
Wording as corrected by corrigenda G.S.R. 892(E).
Sources cited on this page
- [1]Digital Personal Data Protection Rules, 2025 (English section of Gazette No. 760) (G.S.R. 846(E)), r. 11, p. 28. Published 13 November 2025. Official source ↗ · Official requirement · Verified 17 August 2026Rule 11 begins on Gazette page 28 and concludes on page 29.
- [2]Digital Personal Data Protection Rules, 2025 (English section of Gazette No. 760) (G.S.R. 846(E)), r. 1, (4), p. 24. Published 13 November 2025. Official source ↗ · Official requirement · Verified 16 August 2026As printed. Corrigenda G.S.R. 892(E) item (i)(b) corrects the closing words to read in the Official Gazette; the computation is unaffected.
- [3]Digital Personal Data Protection Rules, 2025 (G.S.R. 846(E)), p. 1. Published 13 November 2025. Official source ↗ · Interpretation, requires judgment · Verified 16 August 2026The calendar date 13 May 2027 is computed from the printed publication date and is presented as interpretation until officially confirmed.