The profound ramifications of one amendment

Source– The post is based on the article “The profound ramifications of one amendment” published in The Hindu on 21st December 2022.

Syllabus: GS2- Transparency and accountability. GS2- Fundamental rights

Relevance–  Issues related to democratic governance

News– The article explains the issues related to draft Data Protection Bill and its impact on good governance and fundamental rights

What are issues with the draft Data Protection Bill?

Independence of DPAI– Under the draft law, the Data Protection Authority of India (DPAI) will have great independent authority in a regulative area. The selection committee for DPAI consists of the CJI or her nominee, the Cabinet Secretary, and one person with expertise and repute in the data technology field. The unfettered power of the executive over the DPAI only serves to defeat the autonomy of the institution.

DPAI will be entrusted with monitoring and enforcing legal affairs and policy setting, research and awareness, inquiries, grievance handling, and adjudication. It is expected to guard fundamental rights. So, it is important to have a certain degree of separation between the executive and the regulatory body.

In addition, the DPAI also performs adjudicatory functions. The appellate adjudicatory officers are to be appointed by the board members of the DPAI who are solely appointed by the executive members. Such appointments could undermine the independence of the authority.

Exemptions from RTI and impact on freedom of speech– A major concern is the provision in the Bill which seeks to deny providing any personal information on administration officials under Section 8(1)(j) of the Right to Information Act. It cites the protection of individual privacy. This poses a serious problem with the right of privacy vs the right to freedom of speech. It will impact the freedom of speech guaranteed under the constitution.

The Bill justifies the exemption from the RTI in the interest of the “sovereignty and integrity of India, security of the state, friendly relations with foreign states, maintenance of public order or preventing incitement to any cognizable offence relating to the preceding sub-clauses”.

Deterrent for providing information– This Bill enhances the penalty provisions for entities which fail to protect individuals from data breaches. In the name of protecting individuals, the government threatens to impose a fine of up to ₹250 crore. This will prove a deterrent for filing any genuine complaints.