Data privacy has become a very contentious issue particularly due to sensitive nature of personal information shared on social, public media and elsewhere.
The Central Government had introduced Personal Data Protection Bill in 2019 for protection of such data – since then it has gone through multiple revisions and received strong backlash from opposition – Central government even had constituted a joint parliamentary committee (“Committee”) to review the Bill to come up with appropriate recommendations. The Bill kept changing its color and being reintroduced but could never see light of the day.
The committee has recommended 81 revisions to Bill, which forced the central government to withdraw the Bill. However, as per available reports, recommendations of Committee could pave the way for new bill on personal data protection in line with such recommendations.
The Central government in a surprise move, has withdrawn the much coveted Personal Data Protection Bill (Bill) which was aimed at regulating the use of the personal data of persons.
Primary reason for the death of the Bill is the backlash from opposition parties that if implemented, the Bill would empower the central government with unlimited power to access personal data of citizens for any apprehension that could endanger security of the nation. However, the central government kept countering the backlash with a point that appropriate penalties were in place under the Bill to prevent misuse of personal information and Bill as well.
Given the power of social media influence, the Bill also tried to come up with a provision mandating social media platforms to integrate identify verification option – This is aimed at prevention of spread of “fake news” – It was observed that enforcement of this recommendation could force large social media platforms to bring great policy changes and to alter technical setup of their organization to a great deal to ensure compliance with the recommended ruling.
Implementation of the Bill could have provided protection to citizens from unauthorized and illegal use of personal data of citizens and could have made companies to be more accountable and responsible with respect to processing of personal data.
Given these developments, it seems obvious that there will be no law to deal with protection of personal data in the near future. Whatever little hope Indians had in this aspect has vanished for the time being. Lawmakers are facing multiple challenges to sort out in order to come up with a comprehensive legal framework acceptable for all and easy to implement without any or minimum backlash from any stakeholders. There are apprehensions about excessive surveillance over citizens even by the government – the data submitted for various social benefits schemes is prone to misuse or landing in unintended hands.
There cannot be a perfect solution acceptable to all quarters whenever a new legislation is to be enacted, but the process has to begin from somewhere. However, with the death knell for this bill apparently means it is off the priority list for the government.
Indians shall have to wait for more time to see the enactment and implementation of proper data privacy law in real time to preserve personal data of citizens and to cut down instances of fake news. Any new legislation is likely to take at least few years to take shape, legislated and notified.
The long and short of all this is that our personal data was vulnerable and prone to misuse; sadly, it continues to be so.
