What next on data protection?

What next on data protection?

What next on data protection?

For Mains

  • Privacy as a fundamental right
  • In Justice K.S. Puttaswamy v. Union of India case the Supreme Court held that the right to privacy is a fundamental right under Right to Life in Article 21.
  • The court also held that the right to privacy had both a positive and negative aspect.
  • Which implies the need for the state to actively take measures to protect an individual’s privacy.

The concerns about the Personal Data Protection Bill:

  • Domestic industry believes that such a law represents a compliance hurdle which could put it at a disadvantage.
  • From being the centrepiece of the legislation, privacy protection was increasingly being seen as one of several objectives being pursued.

The need of Personal Data Protection Bill:

  • A law can also promote regulatory certainty, thereby opening up the possibility of increased data flows and the growth of data processing business.
  • Individuals could benefit by the restrictions on harmful data processing.

The way forward:

  • We need to introduce multiple legislation comprising a new comprehensive legal framework since trying to fit all objectives related to the digital ecosystem or even data governance into one Bill would be a mistake.
  • Separate laws could deal with issues concerning state surveillance, or issues in the data economy such as dealing with competition-related concerns arising out of the monopolisation of data by certain entities.
  • The new law should build in a risk-based approach to data protection, so that the regulatory focus is directed towards addressing sources of potential harm.
  • Secondly, based on risk assessments, the law could enable co-regulation and self-regulation (with the regulator acting as a backstop). These could reduce compliance burdens on entities without significantly affecting rights protection.
  • The new Bill should include more provisions to ensure that the regulator uses its powers well. These include provisions relating to appointments, consultations, reporting, and so on.
  • The government should invest in building some administrative capacity to implement it, so that when the law is eventually passed, implementation can begin soon after.

Source The Hindu

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