Explained: The Personal Data Protection Bill, 2019

Must Read

An Analysis of Cyber Crimes in India

The term “Cyber Crime” is not defined in Indian law. We can attribute this to the variety and capricious...

Explained: Insolvency and Bankruptcy Code (Amendment) Act, 2020

The COVID-19 pandemic has brought various widespread impacts on every sector of the country, whether it is the corporates...

An Analysis of the Supreme Court’s Guidelines on the Ambit of Maintenance in Matrimonial Cases

The Supreme Court has laid down guidelines in the Rajesh vs. Neha case relating to the ambit of maintenance...

Explained: The OTT Regulations and Their Impact on the Media Future in India

The regulation of content within OTT (Over-the-Top) media and other digital media have fallen under the purview of the...

Frustration of Lease in COVID-19 Times

Introduction The year 2020 has been the most unexpected and the year of most unprecedented events in the history of...

Do All Insults Come Under the Ambit of SC/ST Act as Offence?

Introduction The Honourable Supreme court of India held that all insults or intimidation are not an offence under the Scheduled...

Follow us

The Personal Data Protection Bill, 2019 was introduced in parliament wherein the Joint Parliamentary Committee has been referred for detailed examination and making reports.

Introduction

In July 2017 a committee was formed to examine the issues related to data protection in India. Which was chaired by Justice B.N. Srikrishna. The committee after examining the issues submitted its report along with a draft Bill to the Ministry of Electronics and Information Technology.

The Personal Data Protection Bill, 2019 was introduced by the Ministry of Electronics and Information technology in Lok Sabha. It was inspired by the principles of the General Data Protection Regulation, 2016. And from the case, Justice K.S. Puttaswamy (Retd.) & Anr V. Union of India, where it was held that the right to privacy is a fundamental right.

The aim and premise of this bill are to protect the details of individuals and establish a Data Protection Authority for the same. It intends to regulate data usage by state and private entities. It governs the processing of data by both governments and companies incorporated in India. It also governs foreign companies if they deal with the personal data of individuals in India.

Why is the Personal Data Protection Bill important?

As half of the world population have started using the internet for various purposes, the concern about data is very important. The smartphone that we use has AI that analyses us. It collects information about us from our habits to health issues, and usage of these AI technologies are inevitable in this 21st century. So, it is very important to protect the details of the individuals. Thus, countries around the world have started to pay attention to creating data-related laws and policies to protect people.

How is personal data regulated?

In India, the protection of data, its usage, and issues related to it are regulated by the Information Technology Rules, 2011 under the IT Act, 2000. This rule states that a company shall be held liable if any negligence happened while maintaining data security standards. The expert committee after analyzing the IT Rules held that:

  1. the definition of sensitive personal data under the rules is narrow and
  2. some of the provisions can be overridden by a contract. It further stated that these IT Rules apply only to companies whereas not to the government.

Is the Bill different from the draft Bill suggested by the Expert committee?

The Bill has gone through several changes and is different from the draft Bill suggested by the Expert Committee. Such as the Bill has expanded the scope of the exemption for the government, and additionally, provided that the government may direct data fiduciaries to prove it with any non-personal or anonymized data for better targeting of services.

Analyzing the personal data by the government without the consent was granted under certain circumstances,

  1. If required by the state for benefiting an individual,
  2. Legal proceedings
  3. To respond to medical emergencies.

Will individuals have rights over their data?

Any processing of data can only be done by the consent of data principle. This bill provides certain rights to data principles with respect to their personal data, such as confirmation on whether their personal data has been processed, seeking correction, completion, or erase of their data, and restricting continuing disclosure of their personal data.

Joint Parliamentary Committee (JPC)

To examine and provide recommendations on the said bill, a Joint Parliamentary Committee (JPC) is formed. It was constituted in December 2019. It consists of 20 members from Lok Sabha and 10 from Rajya Sabha. On 21st September, P.P. Chaudhary (Member of JPC) moved the motion for a time extension. Through a voice vote, the motion was passed by Lok Sabha. The house extended the time up to the second week of the winter session of the parliament 2020 for submission of reports and recommendations.

Criticism

As per the report, Clause 35 of the bill is an issue of concern. The clause provides immunity to governmental agencies from the application of this bill for reasons of national security, integrity, sovereignty, public disorder, and friendly relations with foreign states. It is merely giving a blanket for governmental agencies to conduct surveillance.

Some of the suggestions in the bill could be restrictive for service providers and enterprises said the Internet and Mobile Association of India. It also stated that it may not be possible to achieve India’s target of a $1 Tn digital economy by 2024.

National security or reasonable purposes are open-ended and subjective terms, which may lead to intrusion of the state into the private lives of citizens, and it may backfire start-ups which aim for global growth.

Conclusion 

To protect the data of individuals and to establish a Data Protection Authority for this purpose, the Personal Data Protection Bill was introduced. The bill has recently been referred to the Joint Parliamentary Committee (JPC) to examine it and make a report on the same.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Transfer of Winding-up Proceedings Allowed Under S. 434, Restrictions Under 2016 Rules To Not Apply: Allahabad High Court

This appeal relates to the question of transfer of winding-up proceeding from the High Court (Company Court) to the NCLT.  Facts M/s. Girdhar Trading Company, 2nd...

Constitutional Court of South Africa Declares Provisions of Domestic Workers’ Injury Compensation Legislation To Be Unconstitutional

The Constitutional Court of South Africa in Sylvia Mahlangu v Minister of Labour , declared parts of the Compensation for Occupational Injuries and Diseases...

Bail Granted Under Section 167(2) CrPC Can Be Cancelled Under Section 439(2) CrPC: Supreme Court

The Supreme Court held that the right of default bail of the Accused can be cancelled under Section 439(2) of the Criminal Procedure Code. Facts...

Authority Cannot Interfere With Legal Heir Certificate When There Are No Issues Between 2 Wives: Madras High Court

The petition, filed under Article 226 of Constitution of India in Madras High Court. The case of Lakshmi Jagannathan v. The Tahsildar, Tambaram Taluk, Chennai. was...

Kerala High Court Dismisses Petition Challenging Notification of Bar Council on Spot Admission

On 23rd November 2020, the Kerala High Court involving a single bench judge of the Honourable Smt. Justice P.V. Asha heard the case of...

Death in Police Custody Requires Post-Mortem: Madras High Court

The petition, filed under Section 482 of the Criminal Procedure Code in Madras High Court. The case of S. Prema v. The Superintendent of...

Supreme Court Sets Aside High Court Order and states “Liberty of a Citizen cannot be taken away in the Absence of Lawyer”

In the case of Parveen v. State of Haryana, the Hon’ble Supreme Court observed that “a citizen’s liberty cannot be taken away”. This observation...

Revised Gratuity Ceiling Notified by Central Government Applicable To All Establishments Irrespective of Whether Controlled by the State or Centre: Tripura High Court

In the case of Sri Tapas Guha vs Tripura Tea Development Corporation Ltd. and others, a single-judge bench comprising of Hon’ble Justice Akil Kureshi...

Madras High Court Dismisses Tax Case Appeal by OPG Energy Pvt. Ltd.

The OPG Energy Pvt. Ltd. filed an appeal under Section 260A of the Income Tax Act, 1961. It was filed against an order passed...

Jharkhand High Court Disposes of Criminal Revision Petition Against the Judgment Passed by the Learned Sessions Judge With Modification

A criminal revision petition against the Judgment dated 23.07.2014 passed by the learned Sessions Judge, West Singhbhum at Chaibasa in Criminal Appeal No.49/2014 was...

More Articles Like This

- Advertisement -