The draft data protection Bill is scheduled to be presented before the Union Cabinet today, and upon approval, it is expected to be introduced in the upcoming Monsoon session of Parliament, according to reports.
The initial draft of the Bill was introduced in November of the previous year and underwent several rounds of public consultation. Taking into account the feedback received during these consultations, a second draft was prepared and subsequently underwent inter-ministerial discussions.
Digital Personal Data Protection Bill, 2022
India’s processing of digital data protection will be governed by the Bill. This includes data that has been digitized or collected offline. If the processing of data outside of India involves offering goods or services or profiling individuals in India, the Bill will also apply.
Personal data can only be used for legal purposes with the consent of the individual, according to the Bill. Consent may be implied in certain circumstances. The accuracy and security of the data must be maintained by data fiduciaries, and the data must be deleted once their intended use has been achieved.
Government May Exempt Its Agencies
According to PRS India, the Bill gives individuals certain rights, such as the right to access information, request corrections and deletions, and seek redress for complaints. Based on specific grounds, the government may exempt its agencies from certain Bill provisions, such as those pertaining to public order and national security.
Right To Privacy Will Be Ensured
The Data Protection Board of India will be established by the government to ensure that the Daya Protection Bill is followed. However, concerns regarding a possible violation of the right to privacy are raised by exemptions granted to the government for the processing of data for reasons such as national security.
Key Features
Scope of Application: The Bill will be applicable to the processing of digital personal data in India, whether collected online or offline and digitized. It will also apply to the processing of personal data outside of India if it involves offering goods or services or profiling individuals in India.
Rights and Duties of Data Principals: Data principals (individuals whose data is being processed) have the right to access information about processing, request correction and erasure of their personal data, nominate another person to exercise their rights in case of death or incapacity, and seek grievance redressal through data protection bill.
Exemptions: Certain rights of data principals and obligations of data fiduciaries, except for data security, may not apply in specific cases such as prevention and investigation of offenses and enforcement of legal rights. The central government can exempt certain activities through notification, including processing by government entities in the interest of state security and public order.