Title : Personal Data Protection Bil (GS II)

Date : Nov 23, 2021

Description :

Topic à Privacy of Citizens as a Fundamental Right

 

• Why in the News:

 

• The Data Protection Bill has been adopted by the Joint Parliamentary Committee (JPC), while also retaining the exemption clause.

 

• Background:

 

• The report provided by a Group of Specialists led by Justice B.N. Srikrishna is the source of this Bill.
• During the proceedings before the Supreme Court in the right to privacy case, the government formed the committee (Justice K.S. Puttaswamy v. Union of India).

 

• What is the bill's approach to data regulation:

 

• The bill specifies three different forms of personal data:
• Critical, Sensitive & General Data

 

• Other important provisions include:

 

• According to the bill, the individual whose information is being held and processed is the data principal.

 

• Social media firms who are considered key data fiduciaries due to characteristics including data volume and sensitivity, as well as turnover, should build their own user verification process.

 

• Assessments, audits, and definition creation will be overseen by an independent authority, the Data Protection Agency (DPA).

 

• Each organisation will have a Data Protection Officer (DPO), who will work closely with the DPA on audits, grievance resolution, and record-keeping, among other things.
• Individuals will also have the right to data portability, or the capacity to access and transfer their own data, under the measure.

 

• The right to be forgotten: An individual's right to withdraw consent for data gathering and disclosure.

 

• Exemptions:

 

• The controversial section 35 of the Personal Data Protection (PDP) Bill 2019 invokes the "sovereignty and integrity of India," "public order," "friendly relations with foreign states," and "security of the state" to give the Central government the power to suspend all or any of the Act's provisions for government agencies.

 

• Why is there apprehension about the bill:

 

• The bill is a double-edged sword. While it protects Indians' personal data by giving them data primary rights, it also grants the central government exemptions that are contrary to the principles of processing personal data.
• When necessary, the government can process even sensitive personal data without the data principals' explicit agreement.

 

• Source à https://www.thehindu.com/news/national/parliamentary-panel-retains-controversial-exemption-clause-in-personal-data-protection-bill/article37633344.ece

Tags : right to privacy, fundamental rights