Activists alarmed as Parliament introduces legislation on Indian residents' personal data and amendment to RTI Act, 2005 restricts government information sharing
The Union Cabinet has approved the Digital Personal Data Protection (DPDP) Bill, which will be introduced in the upcoming Monsoon Session of Parliament. The legislation focuses on the management of personal data of Indian residents and emphasizes the need for explicit consent. Alongside this, the Indian Telecommunications Bill may also be tabled, aiming to revamp the legal framework for telecom firms. The government received numerous comments on the draft Bill but has declined to disclose them. The DPDP Bill enables individuals to file complaints with a Data Protection Board if their personal data has been misused. The extent of changes made to the Bills following the consultation process remains unclear.
EU Law
The proposed Bill on data protection in India draws inspiration from the EU's General Data Protection Regulation and includes provisions for consent exceptions in specific situations. It introduces penalties of up to ₹250 crore for breaches and establishes a Data Protection Board to fine non-compliant firms. While most cases aim for resolution through grievance redressal, compensation-seeking individuals would need to resort to the judicial process. The Bill acknowledges the evolving AI landscape and is designed to be technology-neutral. Certain exemptions apply to courts and law enforcement agencies for prevention, detection, investigation, and prosecution purposes.
RTI Act
RTI activists express concerns over DPDP Bill's amendment to the RTI Act, 2005, fearing limitations on government information sharing and accountability. The Bill's development began in 2017 after the K.S. Puttaswamy v Union of India judgment recognized privacy as a fundamental right under Article 21 of the Constitution.
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