Union Communications, Electronics and Data Know-how Minister Ashwini Vaishnaw launched Digital Private Knowledge Safety Invoice, 2023, within the Lok Sabha on Thursday.
Opposition members strongly opposed the introduction of the invoice and mentioned that the invoice violates the basic proper to privateness. They demanded that the invoice needs to be despatched to the standing committee for scrutiny. They mentioned the federal government had withdrawn a invoice on information safety final yr and the brand new invoice wants extra scrutiny.
Vaishnaw mentioned that it’s not a cash invoice and all points raised by the opposition will likely be answered in the course of the debate. The invoice offers for the processing of digital private information in a way “that recognises each the fitting of people to guard their private information and the necessity to course of such private information for lawful functions”.
The primary Private Knowledge Safety Invoice was launched in 2019 in Parliament. A Committee of Parliament, after thorough consideration, beneficial adjustments to it, citing suggestions from stakeholders and numerous companies. Consequently, the Invoice was withdrawn in August final yr. In November final yr, the federal government revealed a brand new draft Invoice, known as Digital Private Knowledge Safety Invoice 2022, and floated it for session and suggestions.
The present invoice comes after the federal government obtained greater than 21,000 feedback from the general public and held consultations with 46 sector organisations, associations, and business our bodies.
Commenting on the introduction of the brand new Knowledge Safety Invoice, Software program Freedom Legislation Centre, generally generally known as SFLC — a Delhi-based authorized non-profit organisation, mentioned, “The Digital Knowledge Safety Invoice, 2023 has been launched as a monetary invoice. The federal government has been given numerous powers underneath the invoice and there’s no enough legislative steering offered relating to these. Part 43 A of the IT Act which offered a treatment to aggrieved individuals to get compensation has been deleted.”
It added, “Nonetheless, the invoice doesn’t present for compensation to be granted for information principals whose privateness has been violated and has suffered a loss. Deemed consent that had raised crimson flags earlier has been reworded however principally stays the identical. Knowledge Principals have been saddled with duties and penalties prescribed for performing in violation of those. Cross-border information movement has been modified from whitelisting to blacklisting regime which is a welcome change.”
SFLC.in additionally argued, “Nonetheless, such information switch restrictions are permitted within the case of particular legal guidelines in existence. A problematic provision is a clause added within the invoice for blocking a pc useful resource which might be used for blocking web sites and purposes. Though the session course of took a very long time, the Authorities doesn’t appear to have thought of the inputs obtained from stakeholders and proposals from the JPC.”
— Written with inputs from ANI