Speaking at an internet dialogue, the minister mentioned the National Data Governance Framework Policy has provision for dealing with anonymisation of information – which isn’t a part of the draft Bill.
Chandrasekhar additionally mentioned the proposed Data Protection Board – which can adjudicate issues associated to information safety – shall be impartial and never have any authorities officer on the board.
While responding to questions round privateness, the minister rephrased the query of a participant to make clear the stand of the federal government and provisions within the draft Bill 2022.
“Let us say that the government wants to essentially violate the privacy of citizens with this law. Is it possible? That’s the question. The answer is no. The Bill and laws lay out in very clear terms what are the exceptional circumstances under which the government can have access to the personal data of Indian citizens…. national security, pandemic, healthcare, natural disaster,” he mentioned.
“These are exceptions. Just like freedom of speech is not absolute and is subject to reasonable restriction, so is the right to data protection,” Chandrasekhar mentioned.
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The draft DPDP Bill has exempted sure entities notified as information fiduciaries by the federal government from varied compliances, together with sharing particulars for the aim of information assortment.
The provisions from which government-notified entities shall be exempted take care of informing a person concerning the function for information assortment, assortment of kids’s information, danger evaluation round public order, and appointment of information auditor, amongst others.
The invoice proposes to exempt authorities notified information fiduciaries from sharing particulars of information processing with the information homeowners below the “Right to Information about personal data”.
The draft DPDP Bill additionally bars people from sharing unverifiable and incorrect info with information dealing with entities, which some folks consider will deter anonymisation on web platforms, particularly on social media.
The minister additional mentioned the National Data Governance Framework has provisions to take care of nameless information whereas the scope of the DPDP Bill is restricted to non-public information safety solely.
“We have a National Data Governance Framework Policy that is to deal with the entire non-personal data and anonymised data space. This (DPDP Bill) is a very narrow well defined legislation to do with digital personal data protection. The anonymised data, standards of anonymisation, the use of anonymous data, etc are all going to be decided by the India Data Management Office (IDMO) under MeitY,” Chandrasekhar mentioned.
He mentioned earlier than IDMO’s launch, there shall be once more a dialog concerning the non-personal information framework.
The minister mentioned the Data Protection Board (DPB) shall be an impartial physique and it says so within the invoice — ‘impartial of the federal government’.
“You will not find people like me or bureaucrats sitting on the Data Protection Board. It is important to understand that DPB is not a regulator. DPB is an adjudication mechanism to adjudicate a breach that has occurred. It is independent as the government will not be on the board,” Chandrasekhar mentioned.
He added that the DPB may have an oversight of the excessive courtroom as a result of all of its selections shall be scrutinised by the courtroom system.
“The punitive consequences of data breaches that we have mentioned in the bill should act as deterrent, catalyse the behavioural change in all data platforms in the way they look at personal data of Indian citizens. They will look at it with more responsibility,” the minister mentioned.