UNION CABINET APPROVES DATA PROTECTION BILL: BALANCING PRIVACY RIGHTS AND GOVERNMENT EXEMPTIONS

Today, the Union Cabinet has granted approval to the Data Protection Bill. The bill has undergone a thorough process of development, starting with its initial draft introduced in November of the previous year. Subsequent to multiple rounds of public consultation and considering the valuable feedback received, a second draft was prepared and further discussed in inter-ministerial meetings.

The scope of the bill extends to the processing of digital personal data within India. This includes data collected through online or offline means, which is later digitized. Moreover, the bill also encompasses the processing of data outside of India if it involves offering goods or services or profiling individuals in India.

The bill emphasizes that personal data can only be processed for lawful purposes with the consent of the individual. In specific cases, consent may be implied. Data fiduciaries hold the responsibility to ensure the accuracy and security of the data and are required to delete it once its purpose has been fulfilled.

Significantly, the bill bestows certain rights upon individuals, including the right to access information, request corrections and deletions, and seek redressal for grievances, as stated by PRS India.

However, the bill does allow for exemptions to be granted to government agencies from certain provisions based on specified grounds such as national security or public order. This aspect has raised concerns regarding the potential violation of the right to privacy.

To ensure compliance with the bill, the government will establish the Data Protection Board of India. Nevertheless, the exemptions provided to the government for data processing on grounds like national security have sparked debates about the potential imbalance in the protection of privacy rights.

Another point of contention is the differential treatment of private and government entities concerning consent and storage limitations, which could potentially infringe upon the right to equality.

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