Keywords: Data Protection Bill, monsoon session of parliament
The much-awaited Data Protection Bill, aimed at fortifying the privacy of personal data and fostering growth in the start-up economy, is set to be introduced in the upcoming monsoon session of parliament. The Union Cabinet’s recent clearance of the bill has generated massive interest among tech and social media companies.
The proposed legislation, initially introduced in December 2019, is expected to have far-reaching implications for privacy and data protection. It addresses concerns related to data sharing, storage, and stringent provisions for safeguarding personal data.
Government sources revealed that the bill has undergone extensive scrutiny and refinement, with a committee examining it and suggesting 88 amendments. Over 21,000 suggestions were studied before finalizing the simplified version of the bill that focuses on user protection and aims to avoid unnecessary litigation.
Key points of the Data Protection Bill include:
1. Processing, storing, and protecting data in compliance with privacy disclaimers and notifications in all major languages.
2. Specifying the rights and duties of the data giver with implied consent in certain cases, except in health emergencies, court orders, or disasters.
3. Drawing from the European Union’s legislation on consent, the bill follows a globally established understanding of consent over deemed consent.
4. Setting up a data protection board, an independent body to handle fines, while courts will oversee compensation matters.
5. Incorporating a “Voluntary Undertaking” feature, offering offenders a chance to accept their mistakes, pay a penalty, and undertake mitigation efforts.
6. Providing for alternate dispute resolution to amicably resolve differences between parties.
The bill’s framework has been designed to stand the test of time, addressing rapid technological changes effectively.
The comprehensive legal framework, along with the Telecom bill and Digital India Bill, is expected to propel India into a new era of data protection and digital growth. The government consulted industry bodies like NASSCOM, CII, as well as consulting and legal firms while developing the proposed law.
Once enacted, the Data Protection Bill will play a vital role in ensuring data privacy, boosting the country’s start-up ecosystem, and creating a secure digital landscape for the nation.
Written by- Jaydeep Ramani, College name – Veer Narmad South Gujarat University, Semester- 7 an intern under Legal Vidhiya
