Data Protection Bill

And

 Right To Privacy

Boyini Nandini
Article By Boyini Nandini | 1st Year Law student at Bennett University, Greater Noida

According to the puttaswamy judgement (2017) ; right to privacy is a fundamental right and it is necessary to protect personal data as an essential facet of informational privacy ; whereas the growth of the digital economy is also essential to open new vistas of socio-economic growth. The government policy for the growth of the digital economy to the extent that it doesn’t effect on personal data privacy

 Personal data protection bill, 2019 is the India’s first bill where it attempted to perform domestically on the issue of data protection. Though it was different from Data protection framework, which was framed by Justice B.N. Srikrishna committee but it took an inspiration from it.

 

The purpose of this Bill is to provide for protection of privacy of individuals relating to their Personal Data and to establish a Data Protection Authority of India for the said purposes and the matters concerning the personal data of an individual.

This bill divides data into 3 parts as follows:

Personal data, where it refers to the data which can be identified from an individual. This bill removes the requirement of data mirroring in case of Personal data.

Sensitive Personal data refers to some personal data like health, financial, caste etc. This bill requires sensitive personal data to be stored only in India and can be processed abroad only under certain conditions.

Critical personal data, data related to the government like military or national security data. And According to this bill critical personal data must be stored and processed in India.

 

When it comes to Non personal data, it refers to some kind of data which is related to anonymized data, traffic patterns etc. This bill mandates fiduciaries to provide the government every and any non-personal data when demanded.

 

This bill also requires social media companies like important data fiduciaves based on factors such as volume and sensitivity of users and prevent trolling. This bill provides exemptions for processing.

data without an individual’s consent for reasonable purposes.

this bill allows to create independent regulator data protection authority which helps to oversee assessments and audits and definition making.

company which has a connection with DPA will have a data protection officer. the bill proposes “purpose limitation” and “collection limitation” clause. this limits the collection of data. it limits the data to what is needed for “clear, specific and lawful “purposes.

it gives right to data probability and the ability to access and transfer one’s own data to individual.it also allows an individual to remove consent for data collection and disclosure.

Advantages:

it helps law enforcement agencies in investigation and enforcement.

problems like cyber-attacks and surveillance will be cheeked and can be solved .

spread of fake news can be monitored checked and prevented in time.

it increases the ability of the Indian government to tax internet giants.

it helps to enforce data sovereignty.

 

Disadvantages

  • It may lead to intrusion of state into the private lives of citizens.
  • Technology giants have criticised protectist policy on data protection.
  • It may backfire on India’s own young startups that are attempting global growth, or on larger firms that process foreign data in India.

Laws for Data Protection across the Globe:

 

European Union: The primary aim of the General Data Protection Regulation (GDPR) is to give individuals control over their personal data.

 

US: It has sectoral laws to deal with matters of digital privacy such as the US Privacy Act, 1974, Gramm-Leach-Bliley Act etc.

This article was written by Soumya Vemulakonda, a 1st Year student at Bennett University, Greater Noida. He may be reached at L20BLB001@bennett.edu.in. The views and opinions expressed in the article are those of the author. They do not purport to reflect the views and opinions of Hello Counsel.

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