DPDP Act Section 9(1) and Guardian Consent for Disabled Adults
Why in the news
Activists argue that the DPDP Act treats adult persons with disabilities like children by demanding guardian consent, clashing with disability rights law.
Key facts
- Section 9(1): data fiduciaries need a guardian’s consent before processing PwD data; Section 2(j)(ii) counts a lawfully appointed guardian as a “data principal”.
- Draft Rule 10: guardianship must be court-appointed or recognised under disability laws.
| Law | Approach |
|---|---|
| National Trust Act, 1999 | Full guardianship (autism, cerebral palsy, intellectual disability); conflicts with UNCRPD |
| RPWD Act, 2016 | Limited guardianship; decision-making retained with support; matches UNCRPD |
Concerns
- Assumes every PwD with a guardian lacks capacity.
- Draft rules mention physical impairment, though physical disability does not legally need a guardian; other disabilities and severity are unclear.
- Platforms cannot easily verify guardianship; guardian liability is undefined.
- Women with disabilities might avoid buying sanitary products online if a guardian must consent.
- Vidhi Centre study: Paytm, Swiggy, Zomato and Flipkart scored very low on accessibility.
Exam angle
- Laws: DPDP Act 2023, NT Act 1999, RPWD Act 2016; convention: UNCRPD.