Rajya Sabha Passes Digital Personal Data Protection Bill-2023, Strengthening Privacy Rights in Digital Era

Data Protection Law Insider

LI Network

Published on: 10 August 2023 at 10:59 IST

The Rajya Sabha has successfully passed the Digital Personal Data Protection Bill-2023 through a voice vote, despite the Opposition members’ decision to stage a walkout due to concerns over the Manipur issue.

This significant legislation follows the Supreme Court’s declaration of the “Right to Privacy” as a fundamental right six years ago.

Digital Personal Data Protection Bill-2023 contains provisions aimed at curtailing the misuse of individuals’ data by online platforms.

During the introduction of the Bill in the Rajya Sabha, Minister of Information and Technology, Ashwini Vaishnaw, highlighted the extensive consultation process that preceded its formulation. Inputs were received from 48 organizations and 39 ministries, along with a total of 24,000 comments on the Bill. Vaishnaw emphasized that this Bill marks a pivotal moment as it grants rights to digital service users and imposes responsibilities on data-mining organizations.

The cornerstone principles of the bill, according to Vaishnaw, include legality (ensuring that a person’s data is used only for its intended purpose), the principle of purpose, data minimization, accuracy, storage limitation (requiring data to be deleted after its intended use is fulfilled), and accountability.

Vaishnaw further detailed four essential rights enshrined in the Bill: the right to access information, the right to correct or erase data, the right to grievance redressal, and the right to nominate a representative in the event of one’s demise.

He also highlighted the establishment of an independent data protection board under the jurisdiction of the telecom disputes tribunal, with the option to appeal to the Supreme Court.

Despite the positive reception of the Bill, concerns were raised by BJD MP Amar Patnaik. He noted the absence of the terms “privacy” and “compensation” in the Bill, which were central in the Puttaswamy judgment.

Supporting the Bill, YSRCP’s S Niranjan Reddy urged the minister to address the issue of exemptions for start-ups. He expressed apprehension that significant data corporations might exploit data-mining start-ups to utilize the collected data for purposes beyond their stated intent.

The passage of this legislation signifies a crucial step towards safeguarding individuals’ digital data and upholding their privacy rights in the digital age.

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