The privacy (Protection) Bill, 2013

• The Bill focuses on the protection of personal and sensitive personal data of persons.
• There are specific provisions in the bill related to collection, storage, processing, transfer, security, confidentiality, and disclosure of sensitive personal data in the Bill.
• The consent of the data provider is necessary.
• The Supreme Court said the introduction of a “carefully structured”data protection regime and its contours were matters policy matters to be considered by the Centre.
• The government has already indicated in the court that the committee would be framing a data protection Bill similar to the “technology-neutral”draft Privacy Bill submitted by an earlier expert committee led by former Delhi High Court Chief Justice A.P. Shah to the Planning Commission of India in 2012
• Ministry of Electronics and Information Technologywould work with the panel and hand over all necessary information to it, after which the panel will start its discussions.

Concerns and challenges:

• India’s inability to localize data protection centers. Its digital economy is governed by more private data protection policies.
• Infrastructure in India for sufficient data collection and management is lacking.
• Major players in India’s digital economy are not only based abroad, but also export data to other jurisdictions.

Way ahead:

• India needs to have a legal framework that meets with the expectations, both legal and of a public nature, as prevail in the jurisdictions from which data is being shipped to India.
• The law should ensure that the service providers providing a medium of exchange of data for personal reasons shall be bound not to disclose or use such information.
• There is a need to have standards for maintenance of records with respect to processing of data, method of notification of data breach and standard operating procedure in case of such breaches.
• If a person requires removal, alteration and correction of data, the same should be allowed.
• Any contravention by entities (Government or Private) must be duly punished with imprisonment or hefty fines.
• Mass surveillance and individual profiling without cause should be barred.
• National interest should prevail over individual rights in narrowly defined exceptions where government can intervene.
• Collection of data by governments and agencies, need to keep in mind that the Internet and the more virulent Darknet are being increasingly used these days by criminals for illegal trade, trafficking, and money laundering.

Conclusion:

• Given the rising internet penetration and growing emphasis on Digital India, it is imperative to protect the sanctity of data generated by citizens. A legislative framework to address the growing concerns around data protection and privacy is the need of present day.