{"id":200347,"date":"2022-08-17T17:53:36","date_gmt":"2022-08-17T12:23:36","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=200347"},"modified":"2022-08-17T17:53:36","modified_gmt":"2022-08-17T12:23:36","slug":"first-principles-should-guide-indias-privacy-law","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/first-principles-should-guide-indias-privacy-law\/","title":{"rendered":"First principles should guide India\u2019s privacy law"},"content":{"rendered":"\n

Source<\/strong>: The post is based on an article \u201cFirst principles should guide India\u2019s privacy law\u201d<\/strong> published in the Live Mint<\/strong> on 17th<\/sup> August 2022<\/strong>.<\/p>\n

Syllabus: GS 2 Important Provisions of the Constitution; <\/strong>Government Policies and Interventions for Development in various sectors and issues arising out of their Design and Implementation.<\/p>\n

Relevance: <\/strong>Fundamental Right to Privacy and the Personal Data Protection Law<\/p>\n

News<\/strong>: Recently, the Central government withdrew its Personal Data Protection Bill after four years of deliberation, while promising to put forward a revised version of the bill.<\/p>\n

Background<\/strong><\/h5>\n

The Supreme Court 2017 judgment upheld the right to privacy as a part of fundamental rights to life and liberty.<\/p>\n

Consequently, Justice B.N. Sri Krishna Committee<\/strong> was constituted which drew up a draft bill in 2018.<\/p>\n

A bill was introduced in Parliament. The bill had a considerable weakening of safeguards like the Centre and its agencies were given sweeping powers to call up data at will.<\/p>\n

Thereafter, Justice Sri Krishna flagged \u201cOrwellian” risks in the bill introduced in the parliament.<\/p>\n

A Joint parliamentary committee (JPC) <\/strong>scrutinized the bill. The JPC\u2019s report suggested 81 changes and 151 corrections. Critics said the state agencies were given a free pass in the law and the stiff data localization and greater regulatory burden on digital players would dent the business environment <\/strong>that might choke innovation.<\/p>\n

Why do we need a data protection law in India?<\/strong><\/h5>\n

Indians live digital lives<\/strong> in large numbers for work, leisure, creativity, and commerce. This leaves a trail of data or information, known as the \u201cnew oil” of the digital economy.<\/strong><\/p>\n

Out of the three stakeholders\u2014the individual, tech platform, and the government, involved in the internet\u2019s design, individuals have the least control over their personal detail.<\/strong><\/p>\n

Cybersecurity\u00a0concerns<\/strong> have increased in the recent past. For example, issues like data leaks and thefts, and politically motivated spying have become common.<\/p>\n

Further, several Western jurisdictions have already enacted a data protection law.<\/strong> India cannot remain behind.<\/p>\n

What should be the ingredient of the revised new bill?<\/strong><\/h5>\n

The bill should be based on the 1st<\/sup> principle,<\/strong> i.e., individuals or citizens must be empowered with legal rights to their personal data. Further, personal data<\/strong> should be made accessible<\/strong> to others only for reasons that are fair, transparent<\/strong>, and legitimate<\/strong>.<\/p>\n

The 1st<\/sup> Principle <\/strong>should be adhered to because the SC directed the government to enact a law<\/strong> to protect personal data<\/strong> in the 2017 Judgment<\/strong>, in order to safeguard the fundamental right to privacy.<\/strong><\/p>\n

The government could take inspiration from the EU\u2019s data law. <\/strong>For example, provisions that offer a strong shield<\/strong> against commercial<\/strong> and state surveillance<\/strong>, provisions that commit companies to using only minimal data and for specific purposes, bar them from holding data longer than necessary, and make them accountable for lapses.<\/p>\n

The Centre must commit itself to a clear timeline within which the new data protection law will be introduced.<\/p>\n","protected":false},"excerpt":{"rendered":"

Source: The post is based on an article \u201cFirst principles should guide India\u2019s privacy law\u201d published in the Live Mint on 17th August 2022. Syllabus: GS 2 Important Provisions of the Constitution; Government Policies and Interventions for Development in various sectors and issues arising out of their Design and Implementation. Relevance: Fundamental Right to Privacy… Continue reading First principles should guide India\u2019s privacy law<\/span><\/a><\/p>\n","protected":false},"author":10343,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,10501],"class_list":["post-200347","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-live-mint","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/200347","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10343"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=200347"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/200347\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=200347"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=200347"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=200347"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}