By PTI
NEW DELHI: The government on Thursday tabled the Digital Personal Data Protection Bill 2023 in the Lok Sabha with an aim to protect the privacy of Indian citizens while proposing a penalty of up to Rs 250 crore on entities for misusing or failing to protect digital data of individuals.
The bill which comes after six years of the Supreme Court declaring the “Right to Privacy” as a fundamental right has provisions to curb the misuse of individuals’ data by online platforms.
The judgement passed in August 2017 asked the government to examine and put in place a “robust regime” for data protection in the modern era. While moving the bill, IT Minister Ashwini Vaishnaw rejected suggestions that it was a money bill.
He said it was a “normal bill”. Various opposition members opposed the bill at the introduction stage, questioning the measure.
Congress leader in Lok Sabha Adhir Ranjan Chowdhury and his party colleagues Manish Tewari and Shashi Tharoor said the issue of the Right to Privacy was involved and the government should not rush with the bill.
The Digital Personal Data Protection Bill (DPDP) 2023 seeks to exempt the centre and entities notified by it in some special cases related to the interests of sovereignty and integrity of India, security of the State, friendly relations with foreign States, maintenance of public order or preventing incitement to any cognizable offence, court orders, research etc.
This provision is being interpreted by privacy advocates as the Bill granting wider exemptions to the government.
“The Digital Personal Data Protection Bill, 2023 a bill to provide for the processing of digital personal data in a manner that recognises both the right of individuals to protect their personal data and the need to process such personal data for lawful purposes and for matters connected therewith or incidental thereto,” the DPDP Bill 2023 said.
The bill moots the creation of the Data Protection Board of India to handle grievances of individuals around personal data privacy if data fiduciaries or firms using personal data fail to address individuals’ complaints.
The bill proposes protection for the Centre, the board and its members, on “action taken in good faith”.
Any person aggrieved by an order or direction made by the Board under the Digital Personal Data Protection Act, 2023 can appeal before the telecom tribunal TDSAT and thereafter before the apex court.
“An individual can appeal for compensation for damages caused due to breach of personal data before a civil court,” a government source said.
Under the proposed bill, a maximum of Rs 250 crore and a minimum Rs 50 crore can be imposed on every instance an entity is found violating the norms proposed under the bill.
“If the board determines on conclusion of an inquiry that breach of the provisions of this Act or the rules made thereunder by a person is significant, it may, after giving the person an opportunity of being heard, impose such monetary penalty specified in the schedule,” the bill said.
Provisions under the bill enable the Centre to block access to content in the interest of the general public on getting references in writing from the board.
Minister of State for Electronics and IT Rajeev Chandrasekhar said that the bill after it is passed by Parliament, will protect the rights of all citizens, allow the innovation economy to expand and permit the government’s lawful and legitimate access to national security and emergencies like pandemics and earthquakes etc.
What is the Digital Personal Data Protection Bill ?#DPDPBill introduced in #Parliament is a very significant milestone in PM @narendramodi ji’s vision of Global Standard Cyber Laws for India’s $1T #DigitalEconomy & #IndiaTechade @GoI_MeitY has developed this bill after… pic.twitter.com/a8tHXJl537
— Rajeev Chandrasekhar
NEW DELHI: The government on Thursday tabled the Digital Personal Data Protection Bill 2023 in the Lok Sabha with an aim to protect the privacy of Indian citizens while proposing a penalty of up to Rs 250 crore on entities for misusing or failing to protect digital data of individuals.
The bill which comes after six years of the Supreme Court declaring the “Right to Privacy” as a fundamental right has provisions to curb the misuse of individuals’ data by online platforms.
The judgement passed in August 2017 asked the government to examine and put in place a “robust regime” for data protection in the modern era. While moving the bill, IT Minister Ashwini Vaishnaw rejected suggestions that it was a money bill.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2′); });
He said it was a “normal bill”. Various opposition members opposed the bill at the introduction stage, questioning the measure.
Congress leader in Lok Sabha Adhir Ranjan Chowdhury and his party colleagues Manish Tewari and Shashi Tharoor said the issue of the Right to Privacy was involved and the government should not rush with the bill.
The Digital Personal Data Protection Bill (DPDP) 2023 seeks to exempt the centre and entities notified by it in some special cases related to the interests of sovereignty and integrity of India, security of the State, friendly relations with foreign States, maintenance of public order or preventing incitement to any cognizable offence, court orders, research etc.
This provision is being interpreted by privacy advocates as the Bill granting wider exemptions to the government.
“The Digital Personal Data Protection Bill, 2023 a bill to provide for the processing of digital personal data in a manner that recognises both the right of individuals to protect their personal data and the need to process such personal data for lawful purposes and for matters connected therewith or incidental thereto,” the DPDP Bill 2023 said.
The bill moots the creation of the Data Protection Board of India to handle grievances of individuals around personal data privacy if data fiduciaries or firms using personal data fail to address individuals’ complaints.
The bill proposes protection for the Centre, the board and its members, on “action taken in good faith”.
Any person aggrieved by an order or direction made by the Board under the Digital Personal Data Protection Act, 2023 can appeal before the telecom tribunal TDSAT and thereafter before the apex court.
“An individual can appeal for compensation for damages caused due to breach of personal data before a civil court,” a government source said.
Under the proposed bill, a maximum of Rs 250 crore and a minimum Rs 50 crore can be imposed on every instance an entity is found violating the norms proposed under the bill.
“If the board determines on conclusion of an inquiry that breach of the provisions of this Act or the rules made thereunder by a person is significant, it may, after giving the person an opportunity of being heard, impose such monetary penalty specified in the schedule,” the bill said.
Provisions under the bill enable the Centre to block access to content in the interest of the general public on getting references in writing from the board.
Minister of State for Electronics and IT Rajeev Chandrasekhar said that the bill after it is passed by Parliament, will protect the rights of all citizens, allow the innovation economy to expand and permit the government’s lawful and legitimate access to national security and emergencies like pandemics and earthquakes etc.
What is the Digital Personal Data Protection Bill ?#DPDPBill introduced in #Parliament is a very significant milestone in PM @narendramodi ji’s vision of Global Standard Cyber Laws for India’s $1T #DigitalEconomy & #IndiaTechade @GoI_MeitY has developed this bill after… pic.twitter.com/a8tHXJl537
— Rajeev Chandrasekhar