The Digital Personal Data Protection Bill, 2023 was adopted by the Lok Sabha on August 7. Now the DPDP bill has been passed by the Rajya Sabha.
The goal of the DPDP bill, according to the document, is “to provide for the processing of digital personal data in a manner that recognises both the right of individuals to protect their personal data and the need to process such personal data for lawful purposes.” It is applicable to the processing of digital personal data on Indian soil, whether the data was initially obtained in non-digital form and afterwards converted to digital form.
It also applies to the processing of digital personal data that takes place outside of India’s borders if that processing is necessary to engage in any activity that involves providing goods or services “to Data Principals within the Indian territory.” The person to whom the personal data refers is referred to as the “Data Principal.”
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The Bill states that only with consent and for specific “legitimate uses” may personal data be processed. It gives the central government the authority to exempt government agencies from the Bill’s obligations in the sake of predetermined factors such as national security, public order, and the prevention of crimes.
According to the Bill, a Data Protection Board of India must be established by the central government. In the event of a data breach, it will direct data fiduciaries to take the required precautions and oversee the administration of sanctions. It will also monitor compliance and hear complaints from impacted parties.
Additionally, there are fines up to Rs. 250 billion for failing to take security precautions to avoid data breaches and up to Rs. 200 billion for failing to fulfill commitments to children.
Jayadev Galla, a member of the Telugu Desam Party, expressed worry regarding a potential control of the data protection body by the central government. Syed Imtiaz Jaleel, an AIMM member of parliament, opposed the bill and stated, “The Bill poses major problems, one of which is the excessive centralization of power.”
The bill has been passed despite the oppositions’ claims and assertions about how the bill violates the right to privacy of the citizens of India. Only time can tell whether the apprehensions articulated by the opposition will in fact turn into reality.
