Revised Version of India’s Data Protection Bill

Data Protection Bill

Data Protection Bill has been cleared by parliament and is expected to be tabled meanwhile the Monsoon session of the parliament. It was the most awaited data protection bill which is going to become a law.

The Union Cabinet approved the final draft bill on 5th July. The content of the bill will remain confidential until it is brought to Parliament. This includes a wide-ranging exemption to the centre and lessens the role of the data protection board. The Supreme Court held Privacy as a Fundamental Right. Thereafter, the centre attempted to make a data protection bill but never being successful in it.

What is India's Personal Data Protection Bill? - REAL security
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The Digital Personal Data Protection Bill

The Digital Personal Data Protection Bill 2022, is an essential framework of technology regulations the centre is building, which includes the Digital India Bill. Information Technology Act,2000 and Draft Indian Telecommunication Bill,2022 are the predecessors of the Data Protection Bill.
The Bill will apply to the processing of digital personal data in India. It provides certain rights to the individuals including the right to obtain information, seek correction and erasure and grievance redressal. It also provides the setup of a Data protection board, which will glance at compliance by Data fiduciaries and data principals. The bill consists of 6 types of penalty which can be extended to a maximum penalty of 500 crore rupees.
Transfer of Data outside India is also a topic of concern in India which will be managed as per the relation with the concerned country. The data protection bill will notify the list of countries to whom a data fiduciary may transfer personal data, by such terms and conditions as may be specified.
European Union data protection law is known as GDPR. This law is known for its excessively stringent nature towards the privacy of data. This European Model is very different from India due to its transfer of data outside Indian policy.

Features of Data protection Bill

  • The most important feature of the Data Protection Bill is Transparency which plays a very essential role to make it more useful in tackling unlawful activities and corruption.
  • Accuracy is a component which decreases inaccurate data storage. It develops accurate databases and statistics which will be useful to measure correct development of the nation.
  • It also promotes the minimum collection of data. It maintains the right to Privacy of the citizen. Citizens can provide their data voluntarily as per their desire.
  • Data Protection Bill will also work regarding maintaining storage of Data for a fixed Time. The cloud storage space will follow some conditional limits.
  • Consent for the Access of Individual Data is one of the finest features of the Data Protection Bill which protect the digital Personal Data of the Individual. All Data Collector institutes have to take the consent of the user for their facility before collecting and storing their Data.
  • Accountability automatically comes with transparency and accuracy which is most important to make any law successful and became an example of good governance law.

Right Under Personal Data Protection Bill

  • Right to Information about Personal Data
  • Right to Correction and erasure of Personal data
  • Right to nominate (post-mortem data)
  • Right to Grievance Redressal
  • Right to Furnish Authentic data
The Data Protection Bill, 2022 fails Indians substantively and procedurally
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Concerns related Data Protection Bill

  • The central government and its agencies have many exemptions concerning the Data protection bill Sanctity. The bill prescribes that the central can violate the Data Protection Bill provision in the implementation of any state instrumentality concerning the national Security of India.
  • There are also concerns about the relevance of the Right to Information Act because Data privacy and the right to information are overlapping subjects in a conflicting manner. The government have to maintain a balance between both of them to secure each of their essentiality.
  • The central Government will be the appointing authority of the Data Protection Board that board will deal with privacy-related complaints and issues. The Chief Executive of the Board will appoint by the Central Government, therefore determining the service’s terms and conditions.

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