Protection Bill, 2023, introduced by Ashwini Vaishnav, the Union Minister for Electronics and Information Technology.
This bill is designed to fortify individual data rights and oversee lawful data processing within India. It targets data obtained both online from data principals and offline data slated for digitization. A significant aspect of this legislation is its classification of personal data breaches as unauthorized or accidental events that jeopardize the confidentiality, integrity, or availability of data.
While the bill retains many of its original provisions from last November, including those questioned by privacy experts, it intends to replace the existing data protection system anchored in Section 43A of the Information Technology Act, 2000, and its respective rules. Notably, the bill abstains from establishing specific transitional timelines, such as the rollout of rules or notifications. Instead, the Central Government possesses the authority to enforce different segments of the bill on diverse timelines.
1. Companies must safeguard personal data, even if a third-party processor holds it.
2. If a data breach occurs, the Data Protection Board (DPB) and affected users must be notified.
3. Data related to children or physically disabled individuals under guardianship requires guardian consent for processing.
4. Every company must designate a Data Protection Officer and share their contact details with users.
5. The Centre has the authority to limit personal data transfers outside India.
6. The Telecom Disputes Settlement and Appellate Tribunal will address appeals against DPB rulings.
7. DPB can call individuals for testimonies under oath and review company records related to personal data.
8. If a company violates the DPDP Bill provisions more than twice, the DPB may recommend government intervention to block that entity.
9. Penalties for data breaches or failure to notify can reach up to Rs 250 crore.
A heated debate erupted in Parliament as Vaishnaw presented the bill in the Lok Sabha. The opposition criticized the bill, urging its review by a parliamentary committee. Previously, opposition MPs argued the bill breaches the 'Right to Privacy'. They suggested reducing the consent age for children from 18 to 15. The Editors Guild of India expressed concerns over the DPDP Bill, 2023, cautioning that it might undermine press freedom and set up a surveillance system over citizens, including journalists.
Now, the bill's significant challenge lies ahead in the Rajya Sabha, where the ruling party lacks a majority.
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