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The Digital Personal Data Protection (DPDP) Act, 2023, operationalises data privacy largely through a consent management framework. It aims to give data principles, ie, individuals, control over their personal data by giving them the power to track, change, and withdraw their consent from its processing. However, in practice, consent management is often not straightforward. For example, people may be frequently bombarded with requests, which can lead to fatigue and eventual overlooking of consent requests. This article discusses the way consent management is handled by the DPDP Act, and looks at how India can design the system to genuinely empower users while holding organisations accountable.

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Consent Management in the DPDP Act

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According to the DPDP Act, consent must be unambiguous, free, specific, and informed. It must also be easy for people to revoke their consent (DPO India, 2023). To this end, the Act creates Consent Managers- registered middlemen- who serve as a link between users and data custodians. 

The purpose of consent managers is to streamline and centralise the consent procedure. Users can view, grant, update, or revoke consent across various platforms using the dashboards they offer. They hope to improve transparency and lessen the strain on people to keep track of permissions across different services by standardising the way consent is presented (IAPP, 2024).

The Act draws inspiration from international frameworks such as the GDPR (General Data Protection Regulation), mandating that Indian users be provided with a single platform to manage permissions rather than having to deal with dispersed consent prompts from every service.

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The Challenges 

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Despite the mandate for an interoperable platform for consent management, several key challenges emerge. There is a lack of clarity on how consent management will be operationalised. This creates challenges of accountability and implementation.  Thus, : 

1. If the interface is poorly designed,  users could be bombarded with content permissions from apps/platforms/ services that are not fully compliant with the platform. 
2. If consent notices are vague, frequent, lengthy, or complex, users may continue to grant permissions without meaningful engagement. 
3. It leaves scope for data fiduciaries to use dark patterns to coerce customers into granting consent through poor UI/UX design.
4. The lack of clear, standardised interoperability protocols across sectors could lead to a fragmented system, undermining the goal of a single, easy-to-use platform.
5. Consent fatigue could easily appear in India's digital ecosystem, where apps, e-commerce websites, and government services all ask for permissions from over 950 million internet subscribers. Experiences from GDPR countries show that users who are repeatedly prompted eventually become banner blind, which causes them to ignore notices entirely.
6. Low levels of literacy (including digital literacy) and unequal access to digital devices among women and marginalised communities create complexities in the substantive coverage of privacy rights.  
7. Placing the burden of verification of legal guardianship for children and persons with disabilities (PwDs) on data fiduciaries might be ineffective, as SMEs may lack the resources to undertake this activity. This could create new forms of vulnerability for the two groups. 

Legal experts claim that this results in what they refer to as a legal fiction, wherein consent is treated as valid by the law despite the fact that it does not represent true understanding or choice (Lawvs, 2023). Additionally, research indicates that users hardly ever read privacy policies in their entirety. People are very likely to tick boxes without fully understanding what they are agreeing to. By drastically limiting user control, this has a bearing on the privacy rights of Indian citizens and residents.  (IJLLR, 2023).

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Impacts of Weak Consent Management:

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According to the Indian Journal of Law and Technology, in an era of asymmetry and information overload, privacy cannot be sufficiently protected by relying only on consent (IJLT, 2023). Almost every individual will be impacted by inadequate consent management.

1. For Users: True autonomy is replaced by the appearance of control. Individuals may unintentionally disclose private information, which undermines confidence in digital services.
2. For Businesses: Compliance could become a mere formality. Further, if acquired consent is found to be manipulated or invalid, it creates space for legal risks and reputational damage. 
3. For Regulators: It becomes difficult to oversee a system where consent is frequently disregarded or misinterpreted. When consent is merely formal, the law's promise to protect personal information is undermined.

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Way Forward

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1. Layered and Simplified Notices: Simple language and layers of visual cues should be used in consent requests. Important details like the type of data being gathered, its intended use, and its duration should be made clear up front. Additional explanations are available for users who would like more information. This method enhances comprehension and lessens cognitive overload (Lawvs, 2023).
2. Effective Dashboards: Dashboards from consent managers should be user-friendly, cross-platform, and multilingual. Management is made simple by features like alerts, one-click withdrawal or modification, and summaries of active permissions. The system is more predictable and dependable when all services use the same format, which also reduces confusion (IAPP, 2024). 
3. Dynamic and Contextual Consent: Instead of appearing as generic pop-ups, consent requests should show up when they are pertinent to a user's actions. Users can make well-informed decisions without feeling overburdened by subtle cues, such as emphasising risks when sensitive data is requested (IJLLR, 2023). 
4. Accountability of Consent Managers: Organisations that offer consent management services must be accountable and independent, through clear certification, auditing, and specific legal accountability frameworks. Even when formal consent is given, strong trustee accountability guarantees that data is not misused (IJLT, 2023).
5. Complementary Protections Beyond Consent: Consent continues to be crucial, but some high-risk data processing might call for extra protections. These may consist of increased responsibilities for fiduciaries or proportionality checks. These steps improve people's general protection and lessen the need for frequent consent requests (IJLLR, 2023).

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Conclusion

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The core of the DPDP Act is to empower users to have control over their data through measures such as consent management. But requesting consent is insufficient; the system must make it simple for people to manage, monitor, and change it. Effectively designed, managed, and executed consent management has the potential to revolutionise user experience and trust in India's digital ecosystem if it is implemented carefully.To make consent management genuinely meaningful, it is imperative to standardise procedures, hold fiduciaries accountable, simplify interfaces, and investigate supplementary protections.

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References

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Building Trust with Technology: Consent Management Under India’s DPDP Act, 2023

Consent Fatigue and Data Protection Laws: Is ‘Informed Consent’ a Legal Fiction

Beyond Consent: Enhancing India's Digital Personal Data Protection Framework

Constitutional Implications Of Consent Fatigue In Data Protection: Rethinking Meaningful Consent In The Indian Context 

Top 10 operational impacts of India’s DPDPA – Consent management

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18th November 2022 CyberPeace Foundation in association with Universal Acceptance has successfully conducted the workshop on Universal Acceptance and Multilingual Internet for the students and faculties of Royal Global University under CyberPeace Center of Excellence (CCoE). CyberPeace Foundation has always been engaged towards the aim of spreading awareness regarding the various developments, avenues, opportunities and threats regarding cyberspace. The same has  been the keen principle of the CyberPeace Centre of Excellence setup in collaboration with various esteemed educational institutes. We at CyberPeace Foundation would like to take the collaborations and our efforts to a new height of knowledge and awareness by proposing a workshop on UNIVERSAL ACCEPTANCE AND MULTILINGUAL INTERNET. This workshop was instrumental in providing the academia and research community a wholesome outlook towards the multilingual spectrum of internet including Internationalized domain names and email address Internationalization.

‍Date –18th November 2022

‍Time – 10:00 AM to 12:00 PM

‍Duration – 2 hours

‍Mode - Online

‍Audience – Academia and Research Community

‍Participants Joined- 130

‍Crowd Classification - Engineering students (1st and 4th year, all streams) and Faculties members

‍Organizer : Mr. Harish Chowdhary : UA Ambassador Moderator: Ms. Pooja Tomar, Project coordinator cum trainer

‍GuestSpeakers:Mr. Abdalmonem Galila, Abdalmonem: Vice Chair , Universal Acceptance Steering Group (UASG) ,Mr. Mahesh D Kulkarni: Director, Evaris Systems and Former Senior Director, CDAC, Government of India, Mr. Akshat Joshi, Founder Think Trans First session was delivered by Mr. Abdalmonem Galila, Abdalmonem: Vice Chair , Universal Acceptance Steering Group (UASG) “Universal Acceptance( UA) and why UA matters?”

• What is universal acceptance?
• UA is cornerstone to a digitally inclusive internet by ensuring all domain names and email addresses in all languages, script and character length.
• Achieving UA ensures that every person has the ability to navigate the internet.
• Different UA issues were also discussed and explained.
• Tagated systems by the UA and implication were discussed in detail.

Second Session was delivered by Mr. Akshat Joshi, Founder Think Trans on “Universal Acceptance to the IDNsand the economic Landscape”

• What is Universal Acceptance?
• The internet has had standards that allow people to use domain names and email addresses in their native scripts. Software developers need to bring their applications up-to-date so that consumers can use their chosen identity.
• A typical problem is that an IDN email address is not recognised by a website form as a valid email address.
• The importance of adopting IDNs z Enable citizens to use their own identity online (correct spelling, native language) z Relates to language, culture and content z Promotes local and regional content z Allows businesses and politicians to better target their messages.

Third session was delivered by Mr. Mahesh D Kulkarni, ES Director Evaris on the topic of “IDNs in Indian languages perspective- challenges and solutions”.

• The multilingual diversity of India was focused on and its impact.
• Most students were not aware of what Unicode, IDNS is and their usage.
• Students were briefed by giving real time examples on IDN, Domain name implementation using local language.
• In depth knowledge of and practical exposure of Universal Acceptance and Multilingual Internet has been served to the students.
• Tools and Resources for Domain Name and Domain Languages were explained.
• Languages nuances of Multilingual diversity of India explained with real time facts and figures.
• Given the idea of IDN Email,Homograph attack,Homographic variant with proper real time examples.
• Explained about the security threats and IDNA protocols.
• Given the explanation on ABNF.
• Explained the stages of Universal Acceptance.

Introduction

Indian Cybercrime Coordination Centre (I4C) was established by the Ministry of Home Affairs  (MHA) to provide a framework and eco-system for law enforcement agencies (LEAs) to deal with cybercrime in a coordinated and comprehensive manner. The Indian Ministry of Home Affairs approved a scheme for the establishment of the Indian Cyber Crime Coordination Centre (I4C) in October2018, which was inaugurated by Home Minister Amit Shah in January 2020. I4C is envisaged to act as the nodal point to curb Cybercrime in the country. Recently, on 13th March2024, the Centre designated the Indian Cyber Crime Coordination Centre (I4C) as an agency of the Ministry of Home Affairs (MHA) to perform the functions under the Information Technology Act, 2000, to inform about unlawful cyber activities.

The gazetted notification dated 13th March 2024 read as follows:

“In exercise of the powers conferred by clause (b) of sub-section (3) of section 79 of the Information Technology Act 2000, Central Government being the appropriate government hereby designate the Indian Cybercrime Coordination Centre (I4C), to be the agency of the Ministry of Home Affairs to perform the functions under clause (b) of sub-section (3) of section79 of Information Technology Act, 2000 and to notify the instances of information, data or communication link residing in or connected to a computer resource controlled by the intermediary being used to commit the unlawful act.”

Impact

Now, the Indian Cyber Crime Coordination Centre (I4C) is empowered to issue direct takedown orders under 79(b)(3) of the IT Act, 2000. Any information, data or communication link residing in or connected to a computer resource controlled by any intermediary being used to commit unlawful acts can be notified by the I4C to the intermediary. If an intermediary fails to expeditiously remove or disable access to a material after being notified, it will no longer be eligible for protection under Section 79 of the IT Act, 2000.

Safe Harbour Provision

Section79 of the IT Act also serves as a safe harbour provision for the Intermediaries. The safe harbour provision under Section 79 of the IT Act states that "an intermediary shall not be liable for any third-party information, data, or communication link made available or hosted by him". However, it is notable that this legal immunity cannot be granted if the intermediary "fails to expeditiously" take down a post or remove a particular content after the government or its agencies flag that the information is being used to commit something unlawful. Furthermore, Intermediaries are also obliged to perform due diligence on their platforms and comply with the rules & regulations and maintain and promote a safe digital environment on the respective platforms.

Under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, The government has also mandated that a ‘significant social media intermediary’ must appoint a Chief Compliance Officer (CCO), Resident Grievance Officer (RGO), and Nodal Contact Person and publish periodic compliance report every month mentioning the details of complaints received and action taken thereon.

I4C's Role in Safeguarding Cyberspace

The Indian Cyber Crime Coordination Centre (I4C) is actively working towards initiatives to combat the emerging threats in cyberspace. I4C is one of the crucial extensions of the Ministry of Home Affairs, Government of India, working extensively to combat cyber crimes and ensure the overall safety of netizens. The ‘National Cyber Crime Reporting Portal’ equipped with a 24x7 helpline number 1930,  is one of the key component of the I4C.

Components Of The I4C

1. National Cyber Crime Threat Analytics Unit
2. National Cyber Crime Reporting Portal
3. National Cyber Crime Training Centre
4. Cyber Crime Ecosystem Management Unit
5. National Cyber Crime Research and Innovation Centre
6. National Cyber Crime Forensic Laboratory Ecosystem
7. Platform for Joint Cyber Crime Investigation Team.

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Conclusion

I4C, through its initiatives and collaborative efforts, plays a pivotal role in safeguarding cyberspace and ensuring the safety of netizens. I4C reinforces India's commitment to combatting cybercrime and promoting a secure digital environment. The recent development by designating the I4C as an agency to notify the instances of unlawful activities in cyberspace serves as a significant step to counter cybercrime and promote an ethical and safe digital environment for netizens.

References

• https://www.deccanherald.com/india/centre-designates-i4c-as-agency-of-mha-to-notify-unlawful-activities-in-cyber-world-2936976
• https://www.business-standard.com/india-news/home-ministry-authorises-i4c-to-issue-takedown-notices-under-it-act-124031500844_1.html
• https://www.hindustantimes.com/india-news/it-ministry-empowers-i4c-to-notify-instances-of-cybercrime-101710443217873.html
• https://i4c.mha.gov.in/about.aspx#:~:text=Objectives%20of%20I4C,identifying%20Cybercrime%20trends%20and%20patterns

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