Hyderabad: Providing boost to the data privacy scenario in the country, the Personal Data Protection Bill, 2018 will likely get tabled in the upcoming winter session of the Parliament or earliest. Once the bill is passed in the Parliament it will become a law thus providing security and safety to personal data and also penalise those not adhering to the law.
Ministry of Electronics and Information Technology, joint secretary, S Gopalakrishnan, informed that a committee headed by Infosys co-founder Kris Gopalakrishnan has also made recommendations on how to handle non-personal data to be considered in the bill. “The draft bill is ready after receiving feedback from from 600 entities from across the globe. The bill will most possibly go to the Parliament in this winter session. Post the passing of the bill a regulator will be appointed to monitor the implementation of the law,” he told at the ISB’s Digital Identity Research Initiative (DIRI) Annual Conference 2019 held in Hyderabad on Friday.
In addition to providing rules and regulations for corporate and government entities to take consent before using any user’s personal data, the new law will also prescribe some penalties and compensations so that people take it seriously. This, according to him, will bring about behavioral changes in how people view privacy.
The draft of Personal Data Protection Bill, 2018 – which is based on the recommendations of the government-constituted panel headed by Justice B N Srikrishna – restricts and imposes conditions on the cross-border transfer of personal data, and suggests setting up of Data Protection Authority of India to prevent any misuse of personal information. He traced the history of privacy in India and said that for India privacy is a new concept and only when Aadhaar came into the picture that privacy took centre stage.
“During the course of deliberation of Aadhaar case, the Supreme Court started talking about privacy as an individual concept and said that we should make privacy a fundamental right. However, no fundamental right will be enforceable unless there is a law governing it. That is why the bill is important in this regard,” Gopalkrishnan added.
Speaking on the reports about Aadhaar breach, the joint secretary said that there has been no breach of the Aadhaar system till now and whatever user data has been stolen has happened through third party. On RBI issuing circular that all data relating to payment systems are stored in a system only in India, the official said the bill will address that issue as well. “As far as the financial matters are concerned RBI will have the last word. So the Bill also provides for localisation of critical data. If RBI says the payment data is critical and it has to be localised, it will also be in harmony with what the data protection law says,” he said.