A Welcome step – Data Protection Bill 2018

Anil Vishnu Vaidya

Author: Anil Vishnu Vaidya

Date: Mon, 2018-08-20 12:32

Justice Srikrishna committee formulated Personal Data Protection Bill 2018. Government has taken very positive step to share it with the general public requesting comments till September 10, 2018. After reviewing the comments and due consideration the Government is expected to table the bill in Parliament in December.

EU General Data Protection Regulations and now Indian Personal Data Protection Bill attempt to guard individuals against misuse of information shared on Internet. One of the tenets of the Indian bill attempts to separate personal information from sensitive personal information to uphold fundamental Right to Privacy. The very first statement brings out the essence of bill stating

the right to privacy is a fundamental right and it is necessary to protect personal data as an essential facet of informational privacy”.

One of requirements of this bill states that the personal sensitive data needs to be stored within territorial limits of India. The large global firms believe they will need to increase investments in Data Centers in India to meet this requirement and they expect to lobby against this stipulation. Conceding the point that storage of data within bounds of India may not necessarily result in increased security it is still in their own interest to prove that such protection can be offered from any location around the globe. And of course their argument that data localisation may lead to more governmental controls.

Also there is quite a bit of criticism on internet that the bill needs to clarify what constitutes personal sensitive information. Given that all such suggestions and proposals need to be addressed it is still a very welcome step to bring such bill to legislators for their consideration.

We are sure that if not in the bill, subsequent notifications and regulations will bring required clarity!           

 

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Comments

Large amount of personal data being collected by private companies & state agencies, the absence of data protection legal frame work in India has been a deeper cause of concern. It is a welcome step to have comprehensive data protection & privacy framework. Good step that Indian government has proposed the same as India is 1/5th of the world’s population & 2nd largest Internet user base. With this initiative, India is now in a select band of countries moving towards a comprehensive data and privacy protection regime. In fact, an important step by government towards securing the rights of the citizens It is an great initiative towards guarding the data from getting misused over internet. Detailed information should be shared on the personal sensitive information as this can mislead the concept. Enough precautions required to avoid the Facebook – Cambridge Analytica scam like situation in India. Several attempts were made by the government in past for data privacy & i am sure that the committee has taken all the relevant inputs in their proposed bill in the interest of the Individual, Industry, society & country. Private companies which deals with personal data of Indian citizens will have to store a copy of the in India. This may have significant impact on the giants who are Silicon Valley based who store the data for the Indian users in multiple location across globe. With this step, there will be higher level of security & accountability of the senior officials in various departments those who will be involved in designing & maintaining the whole eco system. Challenge to protect the data will be the utmost importance specially from foreign eyes. It’s a massive task & needs lot of expertise, security & safety affairs, sentiments of the population. My vote is towards this great initiative.

Large amount of personal data being collected by private companies & state agencies, the absence of data protection legal frame work in India has been a deeper cause of concern. It is a welcome step to have comprehensive data protection & privacy framework. Good step that Indian government has proposed the same as India is 1/5th of the world’s population & 2nd largest Internet user base. With this initiative, India is now in a select band of countries moving towards a comprehensive data and privacy protection regime. In fact, an important step by government towards securing the rights of the citizens It is an great initiative towards guarding the data from getting misused over internet. Detailed information should be shared on the personal sensitive information as this can mislead the concept. Enough precautions required to avoid the Facebook – Cambridge Analytica scam like situation in India. Several attempts were made by the government in past for data privacy & i am sure that the committee has taken all the relevant inputs in their proposed bill in the interest of the Individual, Industry, society & country. Private companies which deals with personal data of Indian citizens will have to store a copy of the in India. This may have significant impact on the giants who are Silicon Valley based who store the data for the Indian users in multiple location across globe. With this step, there will be higher level of security & accountability of the senior officials in various departments those who will be involved in designing & maintaining the whole eco system. Challenge to protect the data will be the utmost importance specially from foreign eyes. It’s a massive task & needs lot of expertise, security & safety affairs, sentiments of the population. My vote is towards this great initiative.

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