The dangers in the Digital Personal Data Protection Bill

Source:The Hindu

For Prelims: Digital Personal Data Protection (DPDP) Bil, Data Protection Board, Ministry of Electronics and Information Technology (MeitY), Non Performing Assets (NPAs), Public Distribution System (PDS), The RTI Act Section 8(1)(j), Justice A.P. Shah Report on Privacy, Unique Identification Authority of India (UIDAI).

For Mains: Digital Personal Data Protection (DPDP) Bill - Its impact on Right to Privacy and Right to Information.

Highlights Of the Article:

• The DPDP Bill includes provisions to amend the RTI Act Section 8(1)(j), which could weaken people's right to information and accountability in a democracy.
• The Data Protection Board, responsible for enforcing the law, lacks independence as the central government has control over its composition, selection process, and removal of its members. This could compromise its ability to act on data protection violations.
• Proposed amendments to the DPDP Bill could expand the RTI Act's exemption clause, potentially exempting all personal information from disclosure. This may undermine transparency and accountability in the country.
• The creation of a government-controlled Data Protection Board with significant enforcement powers raises concerns about potential misuse by the executive to target political opposition and critics of government policies. The Justice A.P. Shah Report on Privacy highlights the need to avoid such misuse.

Context:

The context of the article is the potential dangers of the Digital Personal Data Protection (DPDP) Bill in India. The article raises concerns about the lack of transparency surrounding the final draft of the Bill, the threat it poses to the Right to Information (RTI) Act, and its potential impact on transparency and privacy.

UPSC EXAM NOTES ANALYSIS:

1.Lack of Transparency Surrounding DPDP Bill:

• The final draft of the Digital Personal Data Protection (DPDP) Bill has been kept secret, and even the members of the Parliamentary Standing Committee were not shown the Bill or formally referred to it.
• This lack of transparency raises concerns about the government's intentions in formulating the Bill and the potential dangers it may pose to citizens' rights and privacy.

2.Potential Threat to Right to Information (RTI) Act and Impact on Public Information:

• The DPDP Bill includes provisions to amend the RTI Act Section 8(1)(j).
• This amendment could weaken people's right to information and their ability to hold the government accountable in a democracy.
• The RTI Act has empowered millions of Indian citizens since its enactment in 2005, providing them access to public information, including various categories of personal data.
• For example, citizens have the right to know the names of wilful defaulters and details of Non-Performing Assets (NPAs) of public sector banks, and public disclosure of voters' lists is common to enable public scrutiny and prevent electoral fraud.
• The proposed amendments in the DPDP Bill could expand the RTI Act's exemption clause, potentially exempting all personal information from disclosure.
• This could undermine the transparency and accountability regime in the country as citizens' access to relevant and granular information, especially for government schemes and welfare programs like the Public Distribution System (PDS), may be affected.

3.Concerns About Data Protection Board and Misuse Potential:

• The DPDP Bill establishes a Data Protection Board responsible for enforcing the law.
• However, the Board lacks autonomy as the central government has control over its composition, selection process, and removal of its members.
• This lack of independence could compromise the Board's ability to act on data protection violations impartially.
• Moreover, the Bill grants wide discretionary powers to the government, allowing it to draft rules and notifications and exempt entities from the law's provisions.
• This could potentially lead to violations of citizens' privacy, favoritism towards certain government bodies, such as the Unique Identification Authority of India (UIDAI), and even private sector entities.
• The creation of a government-controlled Data Protection Board with significant enforcement powers also raises concerns about potential misuse by the executive to target political opposition and critics of government policies.
• The Justice A.P. Shah Report on Privacy emphasizes the need to avoid such misuse and protect citizens' privacy rights while formulating data protection laws.

In conclusion, the Digital Personal Data Protection Bill in India has raised significant concerns about its lack of transparency, potential impact on citizens' right to information, and the need for an autonomous and unbiased Data Protection Board. It is crucial to address these issues and ensure that the Bill safeguards people's fundamental rights to privacy and information while curbing the misuse of personal data. The government should consider the suggestions and concerns raised by various stakeholders, including concerned citizens, industry, and opposition members, to formulate a robust and balanced data protection framework that respects privacy, accountability, and transparency.