The Union Cabinet on Wednesday gave its nod to the draft of the Digital Data Protection Bill, which will be tabled in the monsoon session of the parliament. The version of the Bill approved by the Cabinet has retained바카라 웹사이트most of the provisions that were present in the draft issued by the Ministry of Electronics and IT (Meity) in November 2022, which were flagged by experts for privacy concerns.
It has been nearly six years since the Supreme Court upheld privacy as a fundamental right. However, there has been no바카라 웹사이트legislation for protection of data yet. The first version of such a legislation was바카라 웹사이트presented in late 2019 but was later withdrawn after it was worked on for nearly five years, after the "numerous changes" recommended by the Joint Parliamentary Committee.바카라 웹사이트A new draft of the Bill was issued in November 2022.
What did the Data Protection Bill, 2022 Draft include?
The Personal Data Protection (PDP) Bill was renamed the Digital Data Protection Bill.바카라 웹사이트The new Bill proposed바카라 웹사이트to set up an appellate body known as the Data Protection Board, instead of the Data Protection Authority.바카라 웹사이트
It also바카라 웹사이트proposed바카라 웹사이트to exempt government notified data fiduciaries from sharing details of data processing with the data owners under the "Right to Information about personal data".바카라 웹사이트
The Union government was also bestowed with the authority to establish "fair and reasonable" reasons for which personal data can be used without the consent of a data principal.바카라 웹사이트
The proposed Bill further바카라 웹사이트established바카라 웹사이트severe penalties for violations of any of the legislation's provisions, which will be determined by the Data Protection Board of India. It provided바카라 웹사이트financial penalties with a cap of ₹500 crores; which is higher than what was proposed in the PDP Bill 2019.바카라 웹사이트
It바카라 웹사이트had proposed to omit Section 43 A of the IT Act, which relates to the provision for compensation to be paid to victims in case of data protection.
What were the concerns surrounding바카라 웹사이트Data Protection Bill, 2022?
While the legislation prioritises obtaining consent from the owner of data before it is given, experts have flagged the wide-ranging exceptions given to the government and its bodies.바카라 웹사이트
One such outright exemption provided to the government for the procession of personal data is if it is in the interest of "India's sovereignty and integrity, security, friendly relations with foreign states, public order maintenance, or avoiding incitement to any cognizable offence relating to any of these." 바카라 웹사이트This provides the government an unsolicited and disproportionate influence that may be utilized for their own benefit, and it places citizens' personal data바카라 웹사이트under the hands of the government without the permission of the data principal, a LiveLaw report noted.바카라 웹사이트
The internet rights organisation, Internet Freedom Foundation, said that the Bill바카라 웹사이트"fails to adequately address data protection concerns and instead puts in place a regime to facilitate the data processing activities of state and private actors."
Were public consultations taken on the Bill?
The Personal Data Protection Bill, 2019 was introduced in the Parliament on December 11, 2019, it was sent to a Joint Parliamentary Committee with members from both the Houses for its review and suggestions. After nearly two years and several extensions, the Joint Committee on the Personal Data Protection Bill, 2019 brought out its report on December 16, 2021. However, it was later withdrawn.
The PDP Bill, 2022 was released바카라 웹사이트on November 18, 2022 for public consultation.바카라 웹사이트Lawyer and Internet Freedom Foundation head Apar Gupta observed that바카라 웹사이트he consultation process was not inclusive at all, considering it was conducted바카라 웹사이트through the MyGov platform, and individuals were required to register via mobile, limiting accessibility.바카라 웹사이트
"Were the responses made public? (no) What was the composition of stakeholders in terms of percentage distribution? (not provided) Was there a robust process in place to analyze and incorporate the feedback received? (not disclosed) If changes were implemented based on the submissions, why was the rationale not shared publicly?" he said in a tweet.바카라 웹사이트
The contents of the Bill will remain confidential until it is tabled in the Parliament.바카라 웹사이트The monsoon session of Parliament is scheduled to be held from July 20 to August 11.바카라 웹사이트
