The Problems with the Data Protection Bill

February 21, 2023

Context:

The Ministry of Electronics and Information Technology has drafted a Digital Personal Data Protection (DPDP) Bill.

Problems associated with the Bill:

First, the Bill seeks to dilute the provisions of the Right to Information (RTI) Act: RTI Act has empowered citizens to access information and hold governments accountable. In the absence of publicly accessible information, it is impossible for intended beneficiaries to access their rightful entitlement.
The proposed Bill seeks to amend Section 8(1)(j) to expand its purview and exempt all personal information from the ambit of the RTI Act.
First, the DPDP Bill needs to be suitably amended and harmonized with the provisions and objectives of the RTI Act. This would be in line with the recommendation of the Justice A.P. Shah Report on privacy
Second, it fails to safeguard people’s right to privacy: By empowering the executive to draft rules on a range of issues, the proposed Bill creates wide discretionary powers for the Central government.
Third, the Bill does not ensure autonomy of the Data Protection Board: The appointment is under the Central Government, which gives the government direct control over the institution. The Central government is also empowered to assign the Board any functions “under the provisions of this Act or under any other law.”
Fourthly, the DPDP Bill effectively fails as millions of people do not have meaningful access to the Internet.The Bill stipulates that the Data Protection Board shall be ‘digital by design’, including receipt and disposal of complaints. As per the latest National Family Health Survey, only 33% of women in India have ever used the Internet.

Way Forward:

A data protection law must safeguard and balance peoples’ right to privacy and their right to information, which are fundamental rights flowing from the Constitution.

News Source: The Hindu