DATA PROTECTION BILL 2023
1. Context
- The Indian government has approved a new data privacy law, the Digital Personal Data Protection (DPDP) Bill, 2022. The law is expected to be tabled in Parliament's Monsoon Session that begins on July 20.
- The bill plays a crucial role in India's trade negotiations, particularly with the European Union and its GDPR.
- It is part of a broader technology regulations framework, including the Digital India Bill, Indian Telecommunication Bill, and non-personal data governance policy.
2. key provisions of the bill
- Consent: Individuals will have the right to give or withhold consent for the collection, use, and sharing of their personal data.
- Data minimization: Data fiduciaries (organizations that collect and process personal data) will be required to minimize the amount of personal data they collect and process.
- Data security: Data fiduciaries will be required to take appropriate measures to protect the security of personal data.
- Data breach notification: Data fiduciaries will be required to notify individuals and the government if there is a data breach.
- Right to access: Individuals will have the right to access their personal data and to request that it be corrected or deleted.
- Right to be forgotten: Individuals will have the right to request that their personal data be deleted if it is no longer necessary for the purpose for which it was collected.
3. The key benefits of the DPDP
- It will give individuals more control over their personal data.
- It will help to protect personal data from unauthorized access, use, and disclosure.
- It will promote the responsible use of personal data by organizations.
- It will help to build trust in the digital economy.
4. Scope and Application
- The proposed law covers the processing of digital personal data within India.
- It also applies to data processing outside India if it involves offering goods or services or profiling individuals in India.
- Data fiduciaries are required to maintain data accuracy, and security, and delete data once its purpose is fulfilled.
5. Enforcement and Penalties
- The bill allows entities violating its provisions to enter voluntary settlements with the data protection board.
- Repeat offences may lead to higher financial penalties.
- The highest penalty for failing to prevent a data breach is set at Rs 250 crore per instance, subject to interpretation by the data protection board.
6. Concerns with the Draft Bill
- The retained provisions from the November 2022 draft include wide-ranging exemptions for the central government and its agencies.
- The control of the central government in appointing members of the data protection board raises concerns.
- Protection of personal data of government functionaries under the bill may impact the Right to Information Act.
7. Expected Changes
- The bill may adopt a 'blacklisting' mechanism for cross-border data flows instead of a whitelisting approach.
- Global data flows would be allowed by default to jurisdictions, not on the specified 'negative list.'
- The provision on "deemed consent" may be reworded to be stricter for private entities while allowing government departments more leeway based on national security and public interest.
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Image Source: Indian Express8. Comparison with Other Countries
- The GDPR serves as the template for most data protection legislation worldwide, focusing on comprehensive data protection.
- The US model emphasizes individual liberty protection but has been criticized for being narrow in focus.
- China has recently implemented laws on data privacy and security, including the Personal Information Protection Law and Data Security Law.
9. The Way Forward
- The Digital Personal Data Protection Bill, if enacted, will have far-reaching implications for data protection in India.
- While concerns regarding exemptions and the data protection board persist, the bill aims to align with global standards and facilitate trade negotiations.
- The final version of the bill is expected to address key issues raised during public consultations and strike a balance between privacy and national interests.
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For Prelims: data privacy law, Digital Personal Data Protection Bill 2022, Parliament's Monsoon Session, European Union, Digital India Bill, Indian Telecommunication Bill, non-personal data governance policy, Right to Information Act,
For Mains:
1. Analyze the provisions of the Digital Personal Data Protection Bill, 2022, and discuss its significance in India's technology regulatory framework. (250 Words)
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Previous Year Questions
1. Which of the following adopted a law on data protection and privacy for its citizens known as 'General Data Protection Regulation' in April 2016 and started implementation of it from 25th May 2018? (UPSC 2019)
A. Australia B. Canada C. The European Union D. The United States of America
Answer: C
2. Read the following: (DSSSB TGT 2018)
1. In India, parliament has 4 sessions in a year.
2. Budget session is presided over by the Chairman of Rajya Sabha, that is the Vice-president of India.
3. During the monsoon session, the President of India addresses the Parliament. Select the correct code:
A. Only 2 B. Only 1 C. Only 3 D. None of the above
Answer: D
3. There are usually three Parliamentary sessions in India, viz, the Budget session, the Monsoon session, and _______. (SSC CHSL 2018)
A. the Autumn session
B. the Summer session
C. the Winter session
D. None of these
Answer: C
4. Which of the following is NOT a routine session of the Indian Parliament? (RRB JE 2019) (HTET TGT Social Studies 2013 - 2014)
A. Summer Session B. Budget Session C. Winter Session D. Monsoon Session
Answer: A
5. Find out the odd in relation to the Indian Parliament. (NTPC Tier I 2016)
A. Budget Session B. Summer Session C. Monsoon Session D. Winter Session
1. A 2. C 3. D 4. B
Answer: 4
6. The interval between two sessions of parliament must not exceed ________. (IB ACIO Grade II 2017)
A. 3 months B. 6 months C. 4 months D. 100 days
Answer: B
7. The period between the prorogation of a House and its reassembly in a new session is called ______ (SSC JE CE 2021)
A. recess B. zero hour C. quorum D. question hour
Answer: A
8. In terms of Article 85(1), the President must summon each House of Parliament within _____ between the date of its last sitting in a session and the date of the first sitting in the next session. (DSSSB TGT 2018)
A. Six months B. Four and a half months C. Four months D. Five months
Answer: A
9. In which session of the year, President addresses both the Houses of Parliament? (IB ACIO Grade II 2012)
A. First session (Budget) B. Second session (Monsoon)
C. Third session (winter) D. none of the above
Answer: A
10. Consider the following statements about European Union: (MPSC 2019)
(a) It is a Political and Economic Union.
(b) It was formally established by the Maastricht Treaty.
(c) In 2007 Austria and Sweden became the members of European Union.
(d) In 2012 the European Union received the Nobel Peace Prize.
Which of the above statements are correct?
1. (a), (b), (c) 2. (c), (d) 3. (a), (b), (d) 4. All above
Answer: 3
11. The headquarters of the European Union (EU) is at: (UKSSSC Forest Guard 2020)
A. Paris B. London C. Berlin D. Brussels
Answer: D
12. Which among the following European Union countries is the first to officially recognize the State of Palestine? ( BPSC 2015)
A. Sweden B. Denmark C. Norway D. Italy
Answer: A
13. Which of the following is/are the aim/aims of "Digital India" Plan of the Government of India? (UPSC 2018)
1. Formation of India's own Internet companies like China did.
2. Establish a policy framework to encourage overseas multinational corporations that collect Big Data to build their large data centres within our national geographical boundaries.
3. Connect many of our villages to the Internet and bring Wi-Fi to many of our schools, public places and major tourist centres.
Select the correct answer using the code given below.
A. 1 and 2 only B. 3 only C. 2 and 3 only D. 1, 2 and 3
Answer: B
14. In India, which one of the following is responsible for the implementation of the Government of India's policy in all matters concerning telecommunications? (CDS 2022)
A. Digital Communications Commission
B. Telecom Regulatory Authority of India
C. Telecom Advisory Committee
D. Telecommunications Consultants India Limited
Answer: A
15. With reference to communication technologies, what is/are the difference/differences between LTE (Long-Term Evolution) and VoLTE (Voice over Long-Term Evolution)? (UPSC 2019)
1. LTE is commonly marketed as 3G and VoLTE are commonly marketed as advanced 3G.
2. LTE is data-only technology and VoLTE is voice-only technology.
Select the correct answer using the code given below.
A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2
Answer: D
16. Consider the following statements: (UPSC 2017)
1. National Payments Corporation of India (NPCI) helps in promoting the financial inclusion in the country.
2. NPCI has launched RuPay, a card payment scheme Which of the statements given above is/are correct?
A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2
Answer: C
17. Consider the following statements: (UPSC 2019)
1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.
2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of the judiciary.
Which of the statements given above is/are correct?
A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2
Answer: B
18. Which of the following statements are correct? (MPSC 2018)
a. Parliament can increase a tax.
b. Parliament cannot reduce a tax.
c. Parliament can abolish a tax.
d. Parliament cannot increase a tax.
e. Parliament can reduce a tax.
1. a, c and e 2. b, c and d 3. c, d and e D. c and d
Answer: 3
19. According to the Right to Information Act 2005, if a person seeks information that concerns the life and security of a person, it shall be provided within a period of _______ from the time of receipt of the request. (Kerala SET 2017) (UP Police SI 2017)
A. 24 hours B. 48 hours C. 3 days D. 7 days
Answer: B
20. The Right to Information Act was passed by parliament on (TNPSC Group 4 2019)
A. 18 October 2005. B. 12 May 2005 C. 25 October 2005 D. 12 October 2005
Answer: B
1.Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (GS2, 2017)
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Source: The Indian Express
