The central government on Wednesday withdrew the Data Protection Bill (PDP), which was first proposed in 2019. Union Electronics and Information Technology Minister Ashwini Vaishnav said the Center is taking the decision as a parliamentary panel reviewing the bill suggested 81 amendments, resulting in the need for a new “comprehensive legal framework”.
They said that personal data protection bill2019 was deliberated in great detail by the Joint Committee of Parliament (JCP) and proposed 81 amendments and made 12 recommendations towards a comprehensive legal framework for the digital ecosystem.
“Considering the JCP’s report, a comprehensive legal framework is being worked out, therefore, under the circumstances, it is proposed to withdraw the ‘Personal Data Protection Bill, 2019’ and introduce a new Bill which will take into account the broader legal framework. It fits.” They said.
Here is the Data Protection Bill explained:
The Personal Data Protection Bill, 2018, was prepared by a high-level expert group headed by former Supreme Court Justice BN Srikrishna.
The PDP Bill was first introduced in Parliament in 2019 and was sent to the JCP for examination at that time. The JCP was initially headed by BJP MP (MP) Meenakshi Lekhi. PP Choudhary was appointed in his place as ministers are not allowed to chair parliamentary committees.
The Data Privacy/Protection Bill is a landmark legislation that aims to regulate how various companies and organizations use the data of individuals inside India.
What does the Data Protection Bill say?
The Bill aims to provide individuals with protection of digital privacy relating to their personal data, specifying the flow and use of data, and creating a relationship of trust between the individuals and entities processing the data.
The 2019 draft of the bill proposes the formation of a Data Protection Authority (DPA), which would govern the use of personal data of users by social media companies and other organizations within the country.
The PDP bill was similar to the European General Data Privacy Regulation and would set the stage for large technology firms to operate in the country.
The Bill had proposed a mechanism for social media platforms so that “every user who registers his service from India or accesses his service from India, a voluntary verifiable account mechanism should be created.” The provision imposes the responsibility of creating a mechanism. The main purpose of this provision on the company was to prevent social media trolling.
The Bill classifies data into three categories – critical, sensitive and general. Sensitive data—financials, health, sexual orientation, biometrics, transgender status, religious or political beliefs and affiliations—may only be stored in India. However, the data may be processed outside India with explicit consent.
Critical data as defined by the Government from time to time and is to be stored and processed in India. Any data that is non-critical and non-sensitive will be classified as normal data, with no restriction on where it is stored or processed.
The draft bill proposed in 2019 was opposed by social media firms, experts and even ministers, who said it had too many loopholes to be effective and beneficial to both users and companies.
Companies including Facebook and Twitter have been concerned about India’s proposed tough regulations for the technology sector for years, which has often strained ties between the US and India.
India maintains that such rules are needed to protect the data and privacy of citizens.
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