LS refers data protection Bill to joint committee

Tribune News Service

New Delhi, December 11

Amid fears of privacy protection and data breach, the government on Wednesday morning introduced the ‘Data protection Bill’ in the Lok Sabha. It will have a national-level Data Protection Authority (DPA) and lays down terms for data collection from Internet users and also smart phone users.

The Bill was sent to the joint select committee comprising 30 MPs of both the Lok Sabha (20) and the Rajya Sabha (10).

Even as Minister for Communications, Electronics & Information Technology Ravi Shankar Prasad tabled the Bill, he offered to send it to the joint select committee. The committee shall make a report to the Lok Sabha by the first day of the last week of the Budget Session 2020. Speaker Om Birla shall appoint one of the Members of the Committee as its Chairperson. A united Opposition wanted the Bill be referred to the standing committee of Information Technology headed by Shashi Tharoor of the Congress.

The Bill regulates the processing of personal data of individuals by government and private entities (named as data fiduciaries) incorporated in India and abroad. Processing is allowed if the individual gives consent, or in a medical emergency, or by the state for providing benefits.

The data principal has several rights with respect to their data, such as seeking correction or seeking access to their data which is stored with the ‘fiduciary’.

The fiduciary, in turn, has certain obligations towards the individual while processing their data, such as notifying them of the nature and purposes of data processing.

The Bill allows exemptions for certain kinds of data processing, such as processing in the interest of national security, for legal proceedings, or for journalistic purposes.

Importantly, the data fiduciary needs to inform the data protection authority of a data breach if it is likely to harm the individual. The Bill allows exemptions for purposes such as journalism, research, or legal proceedings. The state is not required to seek the individual’s consent while providing benefits or services.