What is the Personal Data Protection Bill (#GS II)

Why in the news:

  • The Joint Parliamentary Committee (JPC) has approved the Data Protection Bill, which includes an exemption clause.

Background:

  • The source of this Bill is a report produced by a Group of Specialists led by Justice B.N. Srikrishna.
  • The government constituted the committee during the Supreme Court proceedings in the right to privacy issue (Justice K.S. Puttaswamy v. Union of India).

How does the bill aim to handle data regulation:

  • The bill distinguishes three types of personal data:
  • Data that is critical, sensitive, or general

There are also the following key provisions:

  • The data principle, according to the statute, is the person whose information is being held and processed.
  • Social media companies that are regarded significant data fiduciaries due to factors such as data volume, sensitivity, and turnover should develop their own user verification mechanism.
  • An independent authority, the Data Protection Agency (DPA), will oversee assessments, audits, and definition creation
  • Each company will have a Data Protection Officer (DPO), who will collaborate closely with the Data Protection Officer (DPA) on audits, grievance resolution, and record-keeping, among other things.
  • Under the measure, individuals would also have the freedom of data portability, or the ability to access and transfer their own data.
  • The right to be forgotten: The right of an individual to revoke consent for data collection and disclosure.

Exemptions:

  • Section 35 of the Personal Data Protection (PDP) Bill 2019 invokes "Indian sovereignty and integrity," "public order," "friendly relations with other nations," and "state security" to provide the Central government the right to suspend all or some of the Act's provisions for government entities.

What is the source of the bill's apprehension:

  • The bill has two sides to it. While it protects Indians' personal data by providing them data primary rights, it also gives the central government exemptions that are in violation of the norms of personal data processing.
  • Without the explicit consent of the data principals, the government can process even sensitive personal data when necessary.

Source : THE HINDU.

 

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