The Lok Sabha approved the Digital Personal Data Protection (DPDP) Bill, 2023, on Monday (August 7), despite opposition members’ protests. This landmark move sets the stage for a comprehensive legal framework to govern the digital processing of Indian citizens’ data. The bill was introduced by Union Minister for Electronics and Information Technology Ashwini Vaishnaw on August 3.
Digital Personal Data Protection Bill Replacing Existing Data Protection Laws
The DPDP Bill aims to replace the current data protection laws, which primarily enforced through Section 43A of the Information Technology Act, 2000. A pivotal aspect of the new bill involves defining crucial terms like ‘personal data’ and ‘processing’. It defines personal data as any information capable of identifying an individual ‘by or in relation’ to such data. Processing, on the other hand, encompasses automated operations, including data collection, storage, use, and sharing.
Digital Personal Data Protection Bill Focus on User Consent and Rights
The bill establishes the concept of user consent, ensuring prior permission from the user for lawful and specified data processing. Data fiduciaries are mandated to issue notices to users before seeking consent, which must be obtained for legitimate data processing. Users retain the right to withdraw consent at any time. ‘Legitimate uses’ exempt from consent include specified purposes, government benefit provision, medical emergencies, and employment.
Enhanced Responsibilities for Data Fiduciaries
Data fiduciaries, entities determining data processing purposes and methods, have amplified obligations under the DPDP Bill. These include ensuring data accuracy, maintaining robust security measures to prevent breaches, and promptly reporting breaches to the proposed Data Protection Board of India. The bill also empowers these fiduciaries to delete personal data after fulfilling purposes and when retention is unnecessary.
Ongoing Debate and the Road Ahead
The DPDP Bill is debated, as opposition MPs challenge its constitutionality. They want referral to a panel for review. The Editors Guild of India expresses concerns about provisions impacting press freedom and privacy. The bill’s journey faces a major obstacle in the Rajya Sabha due to the ruling coalition’s lack of majority.
This significant development takes a critical step towards governing data protection and privacy in the digital age. It potentially impacts how individuals’ information processes and safeguarded in far-reaching ways.
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