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data protection law - Shanmugam IAS academy in coimbatore
data protection law

What’s in the news?

  • The data protection law embodied the principle that the state must be a model data controller and prescribed a higher standard of observance for the state.
  • The law also recognized and proscribed the practice of making access to essential services contingent on the citizen parting with irrelevant personal information This law established an effective privacy commission that is tasked with enforcing, protecting and fulfilling the fundamental right to privacy implemented through the specific rights under the legislation.

Background:

The Union Ministry of Electronics & Information Technology (MEITY) has constituted an expert Committee to study and identify key data protection issues and recommend methods for addressing them.

Draft Data Personal Data Protection Bill

  • For data processors not present in India, the Act will apply to those carrying on business in India or other activities, such as profiling, which could cause privacy harms to data principals in India.
  • The draft also provides for penalties for the data processor as well as compensation to the data principal to be imposed for violations of the data protection law.
  • It has suggested a penalty of ₹15 crore, or 4% of the total worldwide turnover of any data collection/processing entity, for violating provisions.
  • Failure to take prompt action on a data security breach can attract up to ₹5 crore or 2% of turnover in penalty.
  • Personal data, the draft law states, may be processed on the basis of the consent of the data principal, given no later than at the commencement of the processing.
  • The processing of sensitive personal data should be on the basis of explicit consent.
  • The law will not have retrospective application and will come into force in a structured and phased manner.
  • Processing that is ongoing after the coming into force of the law would be covered.
  • Other personal data may be transferred outside the territory of India with some riders. However, at least one copy of the data will need to be stored in India.
  • On right to be forgotten, the draft states that data principal will have the right to restrict or prevent continuing disclosure of personal data by a data processor.

Keydata’s:

  • The judgment in Justice K.S. Puttaswamy (Retd) vs Union Of India fundamentally changed the way in which the government viewed its citizens’ privacy, both in practice and prescription.
  • It undertook structural reforms and brought transparency and openness in the process of commissioning and executing its surveillance projects, and built a mechanism of judicial oversight over surveillance requests.
  • It demonstrated great care and sensitivity in dealing with personal information of its citizens. It legislated a transformative, rights-oriented data protection law tha held all powerful entities that deal with citizens’ personal data(data controllers), including the state,accountable.
  • The data protection law embodied the principle that the state must be a model data controller and prescribed a higher standard of observance for the state.
  • The law also recognised and proscribed the practice of making access to essential services contingent on the citizen parting with irrelevant personal information. This law established an effective privacy commission that is tasked with enforcing, protecting and fulfilling the fundamental right to privacy implemented through the specific rights under the legislation.

 

Links to note:

https://www.iasipstnpsc.in/fpo/

https://www.firstpost.com/india/aadhaar-social-media-linking-case-supreme-court-agrees-to-hear-facebooks-plea-for-transfer-of-cases-7193231.html

https://inc42.com/buzz/data-protection-bill-need-of-the-hour-says-justice-bn-srikrishna/

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