Personal Data Protection Bill

Personal Data Protection Bill, 2019 was formulated under the direction of the supreme court on 11 December 2019. The supreme court declared that the right to privacy is an essential part of Article 21 of the Indian constitution. It is a comprehensive bill on data protection and personal protection of people’s information and how the government and companies store and process the data. The data can be your chats, social media posts, internet purchases, and browser searches. The bill also establishes the Data Protection Authority (DPA), an independent Indian administrative body, to carry out all the guidelines. It was the first proposed data protection law in India. 

Personal Data Protection Bill Features

• The Personal Data Protection Bill, 2019 is divided into personal, sensitive, and critical personal information. Each category has its own set of responsibilities and regulations, and the act applies to both Indian and foreign companies that deal with the data of Indian citizens.
• The bill applies to handling only personal information by the public authority, Indian organisations, and foreign organisations, assuming the information is handled regarding business exercises in India or gathered for information profiling of people in India.
• Data fiduciary refers to a company or person determining how and why personal data is processed. The Personal Data Protection Bill, 2019 aims to process personal data for clear, explicit, and lawful records. It should take reasonable steps to ensure that the processing is complete, accurate, not misleading, and up to date. Data principals should get a notice when processing children’s sensitive personal data and establish age verification systems and parental permission.
• The bill has an independent Data Protection Authority, which will be responsible for safeguarding individual interests, preventing misuse of personal data, and ensuring that everyone follows the guidelines. 
• Under the bill, the individual has certain rights like: 

1. 1. Collecting proof from the data fiduciary that personal data is being processed. 
   2. The right to correct false, incomplete, or obsolete personal data. This right will ensure that the incorrect information is no longer usable for the original purpose of collection.
   3. Under certain circumstances, the bill gives the right to transfer personal data to another service provider.
   4. If the processing purpose has expired or the consent is revoked, a fiduciary must limit the exposure of their data.

• Online media sites that allow users to engage over a particular threshold will now be subject to specific requirements (intermediaries), including a voluntary user verification method for Indian users. 
• After taking the individual (data principal) explicit agreement to see the details, the bill describes the transfer of personal data from India to other countries. On the other hand, only India can process sensitive personal and critical personal data. 
• Sometimes, data can be used without permission, in the case of:

1. 1. Medical emergency 
   2. To provide benefits to the individual. 
   3. Legal procedures
   4. To provide help during a disaster.

• The Personal Data Protection Bill, 2019 permits the focal government to absolve any of its organisations from the demonstration’s arrangements in light of a legitimate concern for state security, public order, India’s sovereignty and integrity, and friendly foreign relations. Personal data processing is also exempt from Bill’s provisions for various other purposes, including the prevention, investigation, or prosecution of any crime and private, domestic, or journalistic purposes.

Personal Data Protection Bill – Impact on Organisations

The Personal Data Protection Bill, 2019, has implications for organisations without ensuring comparable increases after privacy protection. The structure of the bill depends on a centralised Data Protection Authority with critical optional administrative powers. It lays out an unbending system without any trace of official consultative rule-making procedures for organisations.

The bill places strict restrictions on data transfers to other countries, cutting our market off from the rest of the world’s digital economy. Its goal is to evaluate stringent compliance requirements that have nothing to do with data security. The bill’s key provisions are inconsistent with international data privacy standards, undermining India’s digital economy competitiveness. 

Conclusion

In today’s digital era, where data security and privacy are constantly under threat, it has become important to save people’s private and personal data from being misused. It will aid in protecting individuals’ privacy rights and the fair and transparent use of data for innovation and growth, thus unlocking the digital economy. The Personal Data Protection Bill 2019 has given a wide scope to new startups to expand their business with security. It has the potential to generate jobs, raise user knowledge of their privacy, and hold data fiduciaries and processors accountable. In contrast, top giants like Facebook and Google have been against it as it is impacting their businesses.