DATA PROTECTION BILL

What is data protection bill?

The personal data protection bill , 2019  was introduced in Lok Sabha by Ministry of electronics and information technology on December 11 2019.

It is commonly referred as privacy bill.

It is intended to protect individual rights by regulating the collection , movement and processing of data that is personal, or which can identify the individual.

Challenges

• Physical location of data
• Open ended and subjective terms
• Opposition from social media firms
• Too many loopholes to be effective
• Major push back from a range of stake holders.
• Delay in implementation

Current state

The bill has been withdrawn

Why?

The joint committee of parliament  analyzed the bill.

81 amendments were proposed along with 12 recommendations, to make comprehensive legal frame work on digital ecosystem.

A comprehensive legal frame work is being worked upon.

It is also considered compliance intensive by start ups of country.

The revamped bill will  be much easier to comply with.

Data Localization

It means simply restricting the flow of data from one country to another.

In India's context localization will make it mandatory for companies collecting critical consumer  data to store and process it in data centers present with in India's borders.

Joint Committee Parliament Recommendations

• Expanding the scope of proposed law to cover discussions on non-personal law to data.
• Regulation of social media companies using trusted hardware.
• Treat social media companies that do not act as intermediaries as content publishers making them liable for the content they host.

Way forward

• Government may also consider cross border data flows only to trusted geographies.
• Proper classification of data.