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Data Protection Bill, 2021 - Coggle Diagram
Data Protection Bill, 2021
Features
Data fiduciary
Data localization
Data Principal
Data Protection Authority
Collection and storage
General consent
Definition of Personal Data
Legal framework for data protection
Consumer Protection Act 2015, Copyrights Act 1957
Justice B N Srikrishna Committee recommendations, 2018
Sec 43A of Information Technology Act 2000
Need for Data protection
Increasing sophistication of cyber-crimes
Economic losses
Invasion of privacy
Joint Committee on the PDP Bill, 2019
Separate regulatory body to be set up to regulate the media.
Jail term of up to 3 years, fine of Rs 2 lakh or both
Amend the section restricting the transfer of personal data
Central government may exempt any government agency
Remove the word ‘personal’
Issues with the PDP Bill
Easy breach
Executive hegemony
No reasonable exemptions
Arbitrary and intrusive
Exemptions to the govt
Why is the state given exemption?
Welfare objectives
Biggest needy of Data
Way forward
Balancing privacy interests with those of public needs
Rigorous consultations
Separate law that deals with the processing of personal data by law enforcement agencies
Finding a better balance between competing interests
Best practices: European GDPR (General Data Protection Regulation)
Issues with Exemption to State
No oversight on executive actions
Non-requirement for exemption order
State surveillance
Grounds of expediency