{"id":215072,"date":"2022-11-19T19:11:08","date_gmt":"2022-11-19T13:41:08","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=215072"},"modified":"2022-11-19T19:11:08","modified_gmt":"2022-11-19T13:41:08","slug":"draft-digital-data-protection-bill-tabled-for-comments","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/draft-digital-data-protection-bill-tabled-for-comments\/","title":{"rendered":"Draft digital data protection Bill tabled for comments"},"content":{"rendered":"\n

Source: <\/b>The post is based on the following articles:<\/span><\/p>\n

a) \u201cDraft digital data protection Bill tabled for comments\u201d<\/strong> published in The Hindu on 19th November 2022<\/strong><\/p>\n

b) \u201cDraft digital personal data protection bill: Govt exemptions \u2018vague\u2019, little regulator independence, say experts\u201d <\/b>published in <\/span>Indian Express on 19th November 2022.<\/b><\/p>\n

What is the News?<\/b><\/h5>\n

The Ministry of Electronics and IT has released the new draft – the Digital Personal Data Protection Bill, 2022.<\/span><\/p>\n

Note: <\/b>The revised draft was released after the government withdrew an earlier version that sparked outrage from Big Tech and civil society.<\/span><\/p>\n

About the Draft – the Digital Personal Data Protection Bill, 2022:<\/b><\/h5>\n

\"\"<\/p>\n

Source<\/strong>: Economic Times<\/p>\n

Purpose: <\/b>To provide for the processing of digital personal data in a manner that recognizes both the right of individuals to protect their personal data and the need to process personal data for lawful purposes.<\/span><\/p>\n

Principles:<\/b> The Bill is based on seven principles: 1) usage of personal data by organizations must be done in a manner that is lawful, fair to the individuals concerned, and transparent to individuals 2) personal data must only be used for the purposes for which it was collected 3) data minimization which means minimum and only necessary data should be collected to fulfill a purpose. 4) emphasis should be on data accuracy when it comes to collection 5) personal data that is collected cannot be \u201cstored perpetually by default,\u201d and storage should be limited to a fixed duration 6) There should be reasonable safeguards to ensure there is \u201cno unauthorized collection or processing of personal data\u201d and 7) The person who decides the purpose and means of the processing of personal data should be accountable for such processing\u201d.<\/span><\/p>\n

Key Provisions of the Bill:<\/b><\/h5>\n

Data Principal and Data Fiduciary:<\/b> The bill uses the term \u201cData Principal\u201d to denote the individual whose data is being collected.<\/span><\/p>\n

\u2013 The term \u201cData Fiduciary\u201d the entity (can be an individual, company, firm, state, etc.), which decides the \u201cpurpose and means of the processing of an individual\u2019s personal data.\u201d<\/span><\/p>\n

\u2013 The Bill also makes a recognition that in the case of children \u2013defined as all users under the age of 18\u2014 their parents or lawful guardians will be considered their \u2018Data Principals.\u2019<\/span><\/p>\n

Personal data:<\/b> Under the bill, personal data is \u201cany data by which or in relation to which an individual can be identified.\u201d<\/span><\/p>\n

Individual consent: <\/b>The bill makes it clear that individuals need to give consent before their data is processed.<\/span><\/p>\n

Significant Data Fiduciaries:<\/b> The bill talks of \u2018Significant Data Fiduciaries, who deal with a high volume of personal data. The Central government will define who is designated under this category based on a number of factors ranging from the volume of personal data processed to the risk of harm to the potential impact on the sovereignty and integrity of India.<\/span><\/p>\n

Right to erase data:<\/b> Data principals will have the right to demand the erasure and correction of data collected by the data fiduciary.<\/span><\/p>\n

Cross-border data transfer<\/b>: The bill also allows for cross-border storage and transfer of data to \u201ccertain notified countries and territories.\u201d<\/span><\/p>\n

Exemptions to agencies: <\/b>The C<\/span>entral government can issue notifications to exempt its agencies from adhering to provisions of the draft law for national security reasons.<\/span><\/p>\n

A Data Protection Board<\/b> is the adjudicating body to enforce the provisions of the Bill.<\/span><\/p>\n

Penalties: <\/b>The Bill proposes to impose significant penalties on businesses that undergo data breaches or fail to notify users when breaches happen.<\/span><\/p>\n

What are the concerns with the Bill?<\/b><\/h5>\n

Firstly, <\/b>wide-ranging exemptions to the Centre and its agencies with little to no safeguards in place. <\/span>This may not qualify the test of \u2018necessity\u2019 and \u2018proportionality\u2019 as laid down in the landmark right to privacy judgment of 2017.<\/span><\/p>\n

Secondly<\/b>, the appointment of the chairperson and members of the proposed <\/span>Data Protection Board <\/b>is completely left to the discretion of the central government. This is unlike the Data Protection Authority (under the 2019 Bill), which was envisaged to be statutory.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Source: The post is based on the following articles: a) \u201cDraft digital data protection Bill tabled for comments\u201d published in The Hindu on 19th November 2022 b) \u201cDraft digital personal data protection bill: Govt exemptions \u2018vague\u2019, little regulator independence, say experts\u201d published in Indian Express on 19th November 2022. What is the News? The Ministry… Continue reading Draft digital data protection Bill tabled for comments<\/span><\/a><\/p>\n","protected":false},"author":10317,"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":[10500,10498],"class_list":["post-215072","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-indian-express","tag-the-hindu","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1704926386},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/215072","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\/10317"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=215072"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/215072\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=215072"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=215072"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=215072"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}