The new data bill is nothing like its first draft

What is the new name of the bill and why?

The JPC has recommended that the bill should be called the Data Protection Bill, and its ambit should be expanded. It said the bill should not only cover personal data but also non-personal data and non-personal data breaches, including any unauthorized acquisition, sharing, use, alteration, destruction, or such Includes loss of access to data that compromises the confidentiality, integrity or availability of this data. Accidental disclosure of non-personal data also falls under such breaches, meaning that breaches resulting from a lack of appropriate compliance measures would also be covered by the bill.

What can be seen as non-personal data?

Simply put, JPC is defining all data that is not personal – data that does not personally identify the user – as non-personal. For example, an anonymized data set showing the preferences of users in a particular city or state may fall under non-personal data. An expert committee headed by Infosys co-founder Kris Gopalakrishnan released a draft report in July, suggesting that domestic companies should be provided with non-personal data to manufacture products and services. It has been opposed by major social media firms and more, who think it will take away their competitive advantage.

What can be seen as non-personal data?

Simply put, JPC is defining all data that is not personal – data that does not personally identify the user – as non-personal. For example, an anonymized data set showing the preferences of users in a particular city or state may fall under non-personal data. An expert committee headed by Infosys co-founder Kris Gopalakrishnan released a draft report in July, suggesting that domestic companies should be provided with non-personal data to manufacture products and services. It has been opposed by major social media firms and more, who think it will take away their competitive advantage.

What criticism has the bill faced?

Seven members of the JPC, including Trinamool Congress (TMC) leaders Derek O’Brien and Mahua Moitra, and Congress leader Jairam Ramesh have expressed dissatisfaction. On 27 November, the TMC tweeted that Section 35 of the Act would “give the government exclusive powers to invade our privacy whenever it so desires”. The bill has been criticized for excluding the government and its agencies such as the CBI and UIDE from its provisions. Matters of national security and public welfare.

What else does the bill suggest?

JPC has recommended that social media firms should not be allowed to operate in India without setting up offices here. It has also said that firms that do not act as middlemen should be treated as publishers, who will be accountable for the content distributed on their platforms. In addition, the JPC recommended creating an alternative payment system to SWIFT for cross-border payments, digital authentication of Internet of Things (IoT) and other digital devices by DPAs and localization of sensitive data.