The Narendra Modi government is all set to introduce the Digital Personal Data Protection Bill (DPDPB) in the upcoming monsoon session of Parliament as a comprehensive legal framework for India’s digital economy. The Modi government-led Cabinet approved the Bill on Wednesday.
Apart from the DPDPB, the government is working on three important legislations. The Indian Telecommunication Bill, 2022, is being examined by a parliamentary panel. It seeks to replace the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950. The government is also working on bringing in a Digital India Bill to replace India’s 23-year-old Information Technology (IT) Act. This bill is to ensure an open, safe and trusted internet space for Indians and also how to take on the challenges of emerging technologies such as Artificial Intelligence (AI).
Even though the contents of the DPDPB are not known, sources say it does not drift away too much from the earlier draft. Comprehensive consultations have been undertaken before the Bill took shape. “Extensive consultation process was followed before the legislation was finalised. More than 21,666 suggestions were taken. There was a meeting for consultation with 38 government and 48 private organisations. Every concern had been taken into account and every possible scenario was analysed,” top Ministry of Electronics and Information Technology (MeiTY) sources told News18.
The sources further said the consultation was held with industry players, members of civil society, social media influencers, legal fraternity and media persons, too.
VOLUNTARY UNDERTAKING OR ADR
An important addition to the upcoming Bill would be a “voluntary undertaking”, where in case of any breach, the individual will have the opportunity to voluntarily accept the mistake, rectify it and pay the applicable penalty. Sources say the applicable penalty will be decided on a case-to-case basis and will not exceed in a particular case to more than Rs 250 crore.
“An independent Data Protection Board comprising professionals will be on the panel. The Board will have the mandate to impose the penalty, however for the compensation, the party will have to approach an appropriate court of law,” another MeITY source told News18.
Another method of redressal being proposed in the Bill is the Alternate Dispute Redressal (ADR) for ‘out of court’ settlement.
THE IMPLEMENTATION
Government sources say while the language of the Bill is lucid and simple, it is updated in keeping with the current times. The provisions of the Bill will be available in all languages of the 8th Schedule. The implementation will happen with a sufficient notice for those who need to implement it.
“The implementation will be digital by design,” say top government sources.
The Bill is committed to protect the data of Indian consumers, however, sources say at any point, it will be difficult to classify data as simple and sensitive or vice-versa and hence the legislation is being introduced to keep the principles in focus.
However, a number of issues and situations have been earmarked during which no prior consent would be required to seek data. The situations could be a case of war, medical emergency, details required by a law enforcing agency, to name a few.
THE LANGUAGE
The Bill, which has been drafted and is being prepared to ensure a safe and trusted internet for users, despite being extremely technical in nature, is prepared in simple language for common man to understand, with some basic understanding of the law, IT Ministry sources said.
Given the huge diversity of India, one of the features of the Bill is enabling individuals to access basic information in the language of their choice. All languages in the 8th Schedule would be included in this list of languages available to individuals.
The new Bill, if passed by Parliament, would replace the current Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, which was notified in 2011.
Comments
0 comment