šØ New Data Rules Slammed for Disrespecting Disabled Autonomy!
- MediaFx

- Jan 17
- 2 min read
TL;DR:Ā Indiaās new Digital Personal Data Protection Act, 2023Ā has stirred controversy among disability advocates. š§ā𦽠The law demands guardiansā consent for data sharing of persons with disabilities, undermining their autonomy š and violating legal capacity rights granted under the Rights of Persons with Disabilities Act. Activists argue this is infantilizing and exclusionary. š

š” Are India's New Data Rules Helping or Hurting?The Digital Personal Data Protection Act, 2023Ā aimed to protect sensitive information. But Section 9(1) has sparked backlash š¤ by requiring that guardians give consent for sharing the personal data of persons with disabilities. Disability groups are calling this move āregressive,ā as it contradicts legal rights to autonomy and decision-making.
š The Problem with Guardianship Rules
𤦠Section 9(1) treats persons with disabilities like children, lumping their data under the same category as kids'.
š¬ Laws like the Rights of Persons with Disabilities Act, 2016Ā emphasize supported decision-making, where individuals are aided, not overruled. But the current law enforces substituted decision-making, diminishing their voice.
š Studies reveal that legal guardians often manage all affairs of persons with disabilitiesābanking, property, and even personal decisionsāleaving no room for their choices.
šØ A Step Backwards
š Disability rights activists warn that combining disability data with childrenās data ignores the principle of legal capacity. Persons with disabilities are competent to make decisions but are often excluded from financial systems, denied property ownership, or barred from insurance coverage.
š Lessons from Abroad
In contrast, AustraliaĀ ensures autonomy by offering support instead of overriding decisions. Why canāt India adopt a similar approach? š
ā What Needs to Change?
Activists demand:1ļøā£ Accessible consent forms and privacy notices š.2ļøā£ Support systems to help those with limited decision-making capacity š¤.3ļøā£ Implementation of international disability rights conventionsĀ š.
This is not just a lawāthis is about respect and dignity. šŖ













































