Digital Personal Data Protection Bill, 2023 was pass by the Rajya Sabha on 9th August 2023. This bill provides for the processing of digital personal data in a way that recognises both the rights of the individuals to protect their personal data and the need to process such personal data for lawful purposes and for related matters.
The Data Personal Protection Bill that proposes a regulatory framework for use of personal data by private and government entities was earlier pass by the Lok Sabha on 7th August 2023 in the on-going Monsoon session of Parliament.
The Digital Personal Data Protection Bill 2023 deals with digital personal data or the data through which a person can be identified.
It lists the financial penalties for breach of rules and compliances.
This bill also lays down the rules regarding entities, companies or persons who will collect, store or perform any other operation on personal data.
Also this bill aims to limit use of personal data only for specific purposes.
It is based on the principles of accountability, storage limitation and consented, lawful and transparent use of personal data.
Rajya Sabha Passes Digital Personal Data Protection Bill: Details
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How will Digital Personal Data Protection Bill Protect the Data of a Common Man?
The Data Personal Protection Bill gives individuals to whom the data relates (Data Principals) to approach the Data Fiduciaries for enforcement of their rights.
As per the bill, personal data can be process only for “legitimate uses” after taking the consent of the Data Principals.
The Data Fiduciary must give “in clear and plain language” details about the personal data sought and the purpose of the collection.
The Digital Personal Data Protection Bill 2023 proposes the creation of a Data Protection Board of India to monitor compliance with the rules and to impose penalties in case of any breach.
This bill provides for fines of up to Rs 200 crore for non-fulfilment of obligations for data related to children.
For failure to take security measures and data breaches, a penalty of up to Rs 250 crore can be levied.
As per the propose regulatory framework, Data Fiduciaries will have to maintain the accuracy of the data and delete it once its purpose is fulfilled.
The propose guidelines will apply to processing of digital personal data outside India as well, if it pertains to offering goods and services in the country.
Digital Personal Data Protection Law Expected to Be Implemented Within 10 Months: IT Minister
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This bill also grants certain rights to individuals for grievance redressal, to obtain information, seek correction and erasure.
The Digital Personal Data Protection Bill is based on the principle of consent, but in certain cases, a person has to give their consent for the processing of personal data such as medical emergencies and provision of benefits by the government.
The Digital Personal Data Protection Bill 2023 may exempt government agencies from its regulations in the interest of security, public order, and prevention of offences.
This also has led some people to criticise the bill on the grounds that it would dilute the provisions of the Right to Information Act.
Rahul Ram Dwivedi (RRD) is a senior journalist in 2YoDoINDIA.
NOTE : Views expressed are personal.
