e-ISSN: 2582-5208
International Research Journal of Modernization in Engineering Technology and Science ( Peer-Reviewed, Open Access, Fully Refereed International Journal ) Volume:05/Issue:04/April-2023 Impact Factor- 7.868 www.irjmets.com
DIGITAL PERSONAL DATA PROTECTION BILL, 2022- EXAMINED ON THE ANVIL OF FUNDAMENTAL RIGHT TO PRIVACY Ojaitra Arora*1, Dr. Arvind Kumar Singh*2, Devansh Tripathi*3 *1,2,3Amity University, Lucknow, India.
DOI : https://www.doi.org/10.56726/IRJMETS36246
ABSTRACT With the global expansion of technology-driven companies, data privacy is an essential issue that must be addressed. Nations, throughout the globe, have enacted legislation to protect the rights of data principals (individuals to whom personal data belongs) and the liabilities of data fiduciaries (institutions that decide the methods and grounds of data processing and control storage). The General Data Protection Regulation (GDPR) of the European Union is the dominating framework with extensive measures to protect data privacy. It has affected the development of data privacy laws in over 100 countries in order to protect the interests of their consumers. In 2017, the landmark K.S. Puttaswamy judgement recognised privacy as a Fundamental Right in India and emphasised on the need for data privacy in this digital era. This has accelerated the creation of muchneeded data privacy regulations in India. In 2017, the Ministry of Electronics and Information Technology formed an expert committee led by Justice BN Srikrishna, to deliberate on a data protection framework for India. While being influenced by the GDPR, India has eventually established its own route to data protection through the Digital Personal Data Protection Bill of 2022. Though it still has certain gaps, when fully implemented, it would bring India up to speed with other nations’ data privacy legislations. This article will test the PDPB’s provisions on the anvil of the Right to Privacy to determine if they pass constitutional muster. Keywords: Data Privacy, K.S. Puttaswamy, Excessive Legislative Delegation, Deemed Consent, Cross-Border Data Transfer.
I.
INTRODUCTION
Personal Data Protection Bills: Features and Evolution The human loss and tragedy of the COVID-19 pandemic made for a highly uncertain economy. This pandemic was a global challenge that required a global response. The Digital Economy in India has witnessed monumental growth over the years yet, until now, setting up a competent legislative framework to address data privacy issues has been patchy throughout. Though the Information Technology Act, 2000 (the ‘IT Act , 2000’), along with Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 functioned as a temporary means to ensure some degree of data privacy, much more was required. The government then, had to appoint an expert committee which was headed by the former Supreme Court judge Justice B.N. Srikrishna who took up the responsibility to draft a Personal Data Protection Bill that would “ensure growth of the digital economy while keeping personal data of citizens secure and protected”. [1] The Justice BN Srikrishna Committee submitted its report along with the Draft Personal Data Protection Bill, 2018. The Bill proposed different rights to data principals viz. seeking access to data which is stored with the data fiduciary, seeking correction, the right to be notified on the nature and purpose of data processing, etc. and called for the creation of a National Level Data Protection Authority. After receiving various stakeholder inputs, the Draft Personal Data Protection Bill, 2018 was amended to become The Personal Data Protection Bill, 2019 and was tabled in the Parliament. The 2019 Bill expanded the scope of personal data and also provided the right to remove personal data, which is no longer required to be processed by data fiduciaries for the intended purposes, to data principals. This bill also provided for the change in the composition of the selection committee responsible for appointing the chairperson and members of the Data Protection Authority of India. The bill was forwarded to a Joint Parliamentary Committee for further consideration and input from the stakeholders. The Joint Parliamentary Committee had submitted its report with 81 modifications to the 2019 www.irjmets.com
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