LI Network
Published on: 4 August 2023 at 18:33 IST
Centre has presented the Digital Personal Data Protection Bill, 2023, in Parliament after almost five years of negotiations involving the government, technology companies, and civil society representatives.
The bill outlines the procedures for collecting and using personal data of Indian citizens by both corporations and the government.
During the five-year journey, the legislation evolved from a draft that drew inspiration from Europe’s privacy protections, empowering citizens to have a greater say in their online data usage.
However, along the way, certain provisions were diluted to accommodate companies and foster competition, akin to the US legislation.
The final bill has been a subject of criticism for its treatment of private entities and the Centre itself. While the bill imposes stringent measures on private entities regarding personal data, it grants several exemptions and substantial power to the Centre.
Some of the contentious provisions include weakening the Data Protection Authority of India, multiple exemptions to the central government and its agencies, and the ability to bypass norms for obtaining citizens’ consent.
These aspects have raised concerns and comparisons with the Chinese version of data protection laws.
Government officials have defended the need for certain exemptions, citing issues such as terrorism, law and order, and public health emergencies.
They also emphasized that data breaches would be treated equally for both the government and its institutions.
In the larger context, India’s approach to data protection includes a comprehensive Digital India Act to replace the existing IT Act, the new data protection Bill, a policy governing non-personal data, and a draft telecom Bill.
Compared to other countries, approximately 137 out of 194 nations have enacted legislation to protect data and privacy, with Africa and Asia showing varying levels of adoption.
The EU’s General Data Protection Regulation (GDPR) remains one of the most comprehensive privacy legislations globally, influencing nearly 160 countries’ legislations.
However, the Indian government believes its Digital Personal Data Protection Bill is just one part of a larger policy vision for the digital economy, tailored to the country’s unique economic reality.
