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Source: The post is based on the article “Centre tables Digital Personal Data Protection Bill, 2023: What it says and why it’s being criticised” published in “The Indian express” on 5th August 2023.
Syllabus: GS2- Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these.
News: This article discusses India’s new Digital Personal Data Protection Bill, 2023. The bill outlines how businesses, and the government can use citizens’ data. Critics argue the government has too much power and exemption in this bill. The Indian government says these exemptions are necessary for national security and public health reasons. The article also compares data protection approaches in the EU, the U.S., and China.
About India’s New Data Protection Bill
Overview: India has introduced the Digital Personal Data Protection Bill, 2023. This legislation guides how businesses, and the government can use citizens’ data.
Evolution of the Bill: Initially inspired by European privacy laws, it later adopted features from the U.S. and China models.
Key Criticisms: Critics are concerned about the bill’s exemptions. For instance, the government can appoint members to the data protection board and has more leniencies.
Government’s Defense: The Indian government believes these exemptions are vital. As Rajeev Chandrasekhar mentioned, carve-outs are necessary for national security and public health.
What are the major benefits of Data Protection Bill?
Guidelines for Data Collection: The bill sets clear rules for how corporations and the government can gather and use citizens’ data.
Balancing Security and Privacy: The government claims exemptions are crucial for addressing national security, law and order, and public health emergencies.
Learning from Others: Officials stated they’ve learned from Europe and Singapore’s mistakes, creating a bill suitable for India’s economic reality.
Equal Rules for Data Breaches: Both government and private entities are governed by the same rules regarding data breaches.
What are the major criticisms of the Data Protection Bill?
Major Criticisms of India’s Data Protection Bill:
Government Exemptions: The bill grants the government significant exemptions, allowing it to bypass some norms.
Data Protection Authority’s Role: There’s a weakening of the Data Protection Authority of India, the main regulatory body.
Government’s Control on Authority: The government can appoint members to the data protection board, raising concerns about potential biases.
Bypassing Consent: Provisions allow the government to skip seeking express consent from citizens for data collection.
What are the different global models for data protection laws?
Different Global Models for Data Protection Laws:
EU Model:
Based on the GDPR, focusing on comprehensive personal data protection.
Prioritizes individual’s right to privacy.
Contains clear exemptions like national security.
US Model:
Viewed as a “liberty protection” against government intrusion.
Lacks a comprehensive set of privacy rights.
It has sector-specific rules and legislation like the Privacy Act.
China Model:
Introduced laws like the Personal Information Protection Law (PIPL) and the Data Security Law (DSL).
Emphasizes government control over data.
Firms like Didi faced heavy fines, showcasing strict enforcement.
