Express View on data protection Bill: Personal is private”

Source: The post is based on the article “Express View on data protection Bill: Personal is private” published in “Indian Express” on 7th July 2023.

Syllabus: GS 2 – Government policies and interventions for various sectors

News: The Union cabinet has approved the draft data protection Bill, which is set to be introduced in Parliament in the upcoming monsoon session.

This Digital Personal Data Protection Bill is a crucial part of the regulatory framework being introduced to govern India’s rapidly expanding digital economy.

Read – draft Digital Personal Data Protection Bill

What are the implications of Digital Personal Data Protection Bill?

The Bill may empower the central government to exempt any government agency from its purview.

The government may have the discretion to appoint members to the data protection board. It raises concern about the independence and autonomy of institutions. The board will be charged with ensuring compliance and dealing with grievances and disputes.

The legislation is likely to have shifted towards a blacklisting framework from a whitelisting approach for dealing with cross-border data flows. The shift towards a blacklisting framework for cross-border data flows could be influenced by the prevailing geopolitical environment.

The Bill prescribes penalties up to Rs 250 crore per instance, for failing to prevent a data breach. However, the word ‘per instance’ is not defined yet.