In the past we had discussed several privacy related updates and our remarks (link here- https://worldprivacylaw.com/?cat=10). We had touched upon most of the areas and concerns including the constitutionality part of it along with the sustainability of Individual interest in conflict with national interest. Since, the Bill was kept for further discussion in winter sessions and several recommendations of committees have been brought ahead. It is anticipated that Bill may get the approval by the end of December.
The press release of joint committee was made available in public domain on 16.12.2021
The major recommendations have been adopted by Justice B.N. Shrikrishna Committee and Justice K. S. Puttaswamy (Rtd.) Vs. Union Of India (SC 2017), total 81 recommendation of modification and 150 drafting corrections have been made in the Bill.
After reading the report, followings are our observations-
1) Earlier the Personal Data Protection Bill (hereinafter ‘PDPB’) was concerned only to personal data now in the new bill it includes both personal and non-personal data and single DPA will handle both kinds of data.
2) The act will be implemented in phases and not wholly at once for eg. PIPEDA (Canadian federal law on privacy) came into force in phases from 2002 and by 2004 the entire PIPEDA came into force. Hence, the committee recommended 24 months for its implementation.
3) Adoption of certain guiding principles during an unfortunate instance of data breach, resultant clause 25 of the Bill has been modified at appropriate places.
4) Adoption of mechanism to be followed in cases of data of child upon the completion of age of majority.
5) Social media such as FB, Insta, LinkedIn etc. will be on the footing of publishers and would be obliged to regulate content hosted by their platform.
6) Protection of privacy at Financial sector is a major matter of concern as per the committee, so the committee has recommended developing a certain kind of alternative financial system for the protection of financial transactions and such development should be made or developed domestically.
7) Establishment of mechanism in order to certify all digital and IOT platforms and to that effect clause 49 (2) (o) has been inserted in the BIll.
8) steps to be taken by the central government to ensure the mirror copy of the sensitive and critical personal data in possession of forgein entities be brought in India in a time bound manner.
Since, we want to ensure all minute details in short we bring to the knowledge of our readers, hence, we will speak about the rest of the details in our next article and we will also cover the aspect of national interest at the cost of individual privacy in our next article.
To be Continued……….
Picture Credit- https://privacyterms.io/