All You Need To Know About The Personal Data Protection Bill
Ethernet plugs sit on the end of cabling. (Photographer: Chris Ratcliffe/Bloomberg)

All You Need To Know About The Personal Data Protection Bill

The Personal Data Protection Bill, 2019 was tabled in Parliament this winter session before being referred to a joint select committee of both houses for further deliberation. The bill is based on the draft law submitted by a committee headed by Justice BN Srikrishna last year

It seeks to set down a framework for who can collect personal online data of citizens, how it is to be protected and any exceptions to the case.

Over several stories BloombergQuint examines the key areas of coverage under the bill and whether it does a robust job of protecting personal citizen data or falls short.

What The Bill Covers

The bill provides for a penalty of up to Rs 15 crore or 4 percent of global turnover for companies found violating norms under the Personal Data Protection Bill, while in case of certain minor violations, it proposes a penalty of Rs 5 crore or 2 percent of the global turnover.

Read the full story here.

Responsibilities Companies Face In Collecting And Processing Data

The proposed law bars the collection of data by anyone without a “specific, clear and lawful purpose”. Data fiduciaries processing user data will have to ensure that it’s done only for purposes consented by the users after they have been supplied with relevant information to take a decision on granting consent.

Read the full story here.

The Three Important Rights You Must Know

Personal data is defined in the bill as the data about or relating to a natural person who is directly or indirectly identifiable. It can relate to a person’s characteristic, attribute or any other feature of his identity. The bill confers three broad rights to individuals in relation to their personal data—the right to be forgotten, right to correction and erasure and right to access data.

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India Dilutes Data Localisation Proposal

One of the most keenly watched and debated provisions in the Personal Data Protection Bill was data localisation. The bill makes it clear that personal data can be transferred outside India, subject to fulfillment of certain conditions.

Read the full story here.

Sweeping Powers To Government A Step Backwards, Say Experts

That the Personal Data Protection Bill gives investigating agencies unbridled powers to carry out surveillance on private data has spooked companies and experts who argue that such overarching access is against established principles and is a dramatic step backwards.

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Bill Fails To Deliver On The Promise Of Privacy, Experts Say

Has the government’s version stayed true to the principles laid down by the apex court in its right to privacy judgment and does it adequately protect users’ privacy from state and non-state actors? Supreme Court Advocate Vrinda Bhandari and Trilegal’s Technology Partner Rahul Matthan don’t think so.

Read the full story here.

Also read: Will The Personal Data Protection Bill Pass The Litmus Test Of Trust?

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