The Digital Data Protection Bill represents a significant step towards safeguarding digital privacy in India.
President Droupadi Murmu has given the Narendra Modi administration permission to introduce the new Data Protection Bill as a normal bill rather than a money bill. The government permits the bill to be brought in the Lok Sabha and the Rajya Sabha for discussion by classifying it as a regular bill. But, it appears that the overdue bill will have to wait even longer because it is still entangled in the web of changes.
This action signals fresh attempts to address citizens’ concerns about data protection and comes precisely a year after the government retracted the last Personal Data Protection (PDP) bill. In order to protect citizens’ right to privacy, the law seeks to hold organisations including internet service providers, mobile app developers, and commercial buildings responsible for the gathering, storing, and processing of user data.
Congress leader Manish Tewari has raised questions about the bill being classified as a financial bill, advocating for its consideration as a regular bill. He suggests that the bill should undergo scrutiny by a Joint Parliamentary Committee for comprehensive review.The bill aims to make entities like internet companies, mobile apps, and business houses more accountable and answerable about collection, storage and processing of the data of citizens as part of Right to Privacy.
While Congress MP Gaurav Gogoi requested that the Bill be submitted to a Joint Parliamentary Committee, AIMIM MP Asaduddin Owaisi called for division. Today Manish Tewari, a Congress MP, claimed that the Bill applied differently to various companies. “The government as a whole will be exempt from it, and it applies with full force to non-governmental entities,” Tewari declared. Sougata Roy of TMC objected to the Bill’s introduction, claiming that it had changed significantly from its first proposal from the previous year.
A finance bill, which also includes money bills, focuses on borrowing capacity, tax structure modifications, and withdrawals from the Indian Consolidated Fund. Money bills must be presented by a minister once they are introduced in the Lok Sabha and can only be rejected or altered by the Rajya Sabha. The bill needs to be returned by the Rajya Sabha within 14 days; otherwise, it needs to be approved by both chambers in order to become law. In the case of finance bills, both the Rajya Sabha and the Lok Sabha will have to accept the bill for it to become law. In this case, the Rajya Sabha can reject the bill straight out.
The Digital Personal Data Protection Bill (DPDP) 2023 represents a significant milestone in safeguarding privacy and granting individuals extensive control over their personal data. It establishes a robust Data Protection Authority and strict provisions, ensuring rights such as informed consent, rectification, erasure, and data transfer. This legislation can transform India’s business landscape, promoting transparency, explicit consent, data minimization, and adherence to usage limits.
Sandeep Gupta, Managing Director, Protiviti Member Firm for India shared,“The introduction of the Digital Personal Data Protection Bill (DPDP Bill) 2023 marks a significant turning point in safeguarding privacy, granting individuals extensive control over their personal data. Backed by a strong Data Protection Authority and strict provisions, the bill ensures rights such as informed consent, rectification, erasure, and data transfer. This legislation represents a major milestone in protecting digital privacy and promoting a secure data ecosystem in India. It can potentially transform the business landscape by demanding transparency, explicit consent, data minimization, and adherence to usage limits. While organizations must allocate resources and address compliance costs, embracing these changes will allow them to navigate the regulatory environment successfully. Therefore, it is essential to prioritize the inclusion of the DPDP bill in the Board Agenda. Organizations will require leadership support and investments to implement robust privacy practices across their operations and processes. Although managing these necessary changes may present initial challenges, the long-term benefits are substantial, as customers and business partners tend to prefer working with organizations that demonstrate respect and responsible management of their data.”
The Digital Personal Data Protection Bill represents a significant step towards safeguarding digital privacy in India. It is crucial for the bill to go through the legislative process to ensure comprehensive evaluation and implementation of robust privacy practices across various sectors.
The draft Digital Personal Data Protection Bill has received approval from the parliamentary standing committee and is set to be submitted during a specific session of Parliament, according to Ashwini Vaishnaw, the Minister of Electronics and Information Technology.However, MP Karti Chidambaram of the Congress has contested Union minister Ashwini Vaishnaw’s claim, stating that the bill has not yet been properly delivered to the panel. The former chief of the parliamentary IT panel, Shashi Tharoor, has called for extensive consultation on the bill.
The government had previously dropped an earlier version of the same law, promising to submit a new one, which was done last year. The bill went through several readings and amendments suggested by a Joint Parliamentary Committee in 2021, leading to its current approval stage. However, inconsistent comments from the two parties have caused further delays in its passage, highlighting the importance of all parties’ support for reforming the data protection system.
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