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OPINION: Data protection bill is India's commitment to data privacy

Rooted in 7 fundamental principles, the DPDP Bill ensures ethical handling of data

The Digital India initiative, launched in 2014, has undoubtedly been a game-changer for the nation. Under the proactive and visionary leadership of PM Narendra Modi, the programme has successfully integrated and empowered millions of Indians into the digital landscape. 

This initiative has not only modernized the country but also laid the foundation for a technologically advanced and digitally inclusive society. As a result, India now boasts an impressive count of over 750 million active internet users, a testament to the government's commitment to enhancing digital access for all citizens. 

Undeniably, the impact of digitization on the lives of Indian citizens has been immensely positive. However, the government is acutely aware of the potential risks that come with it. In a proactive move to safeguard the interests and privacy of its citizens, the government has taken decisive action by introducing the Digital Personal Data Protection Bill (DPDP Bill). This pivotal legislation exemplifies the government's unwavering commitment to strike a harmonious balance between regulatory measures and fostering innovation. 

Rooted in seven fundamental principles, the DPDP Bill ensures the ethical handling of data with a focus on lawful, fair, and transparent processing, purpose limitation, data minimization, accuracy of personal information, storage limitations, integrity, and confidentiality, along with fostering a culture of accountability. This well-thought-out and comprehensive approach exemplifies the government's determination to champion the digital rights of its people and cultivate a secure and progressive digital landscape for the nation's growth and prosperity.

The DPDP Bill is a remarkable legislation that upholds and safeguards the rights of citizens while also ensuring that it doesn't impose excessive compliance burdens on the innovation ecosystem. It provides clarity regarding the circumstances in which the government can access personal data, with a clear obligation to protect the data once accessed. 

This transformative Bill is set to bring about a significant shift in the behavior of entities handling citizens' data, as it establishes stringent measures for punitive financial penalties in case of any data breaches, whether committed by the government or private companies. This showcases the government's proactive stance in promoting accountability and instilling a culture of data protection across all sectors.

The bill demonstrates a proactive approach to establish a cutting-edge data protection framework in the country. The bill places utmost importance on obtaining consent, making it a fundamental requirement for “data fiduciaries” to collect user data. Once the bill receives parliamentary approval, individuals, referred to as “data principals”, will gain the right to request companies to delete their personal data that was collected before the implementation of digital personal data protection regulations. Notably, this extends to protecting the privacy of children, emphasizing the government's commitment to safeguarding the interests of all citizens, including the minors and younger generation. 

The government's vision for a progressive data protection regime is exemplified by the proposed DPDP Bill, which includes the establishment of a Data Protection Board tasked with monitoring and penalizing non-compliance. A noteworthy enhancement in the bill is the reduction of criminal provisions related to data breaches seen in previous versions. By empowering the Data Protection Board (DPB) as the primary enforcer, the government reinforces its commitment to accountability and responsibility among organizations. The DPB's authority to take appropriate action is a significant step in maintaining data integrity and security. In the event of data protection violations, the DPB holds the power to levy substantial penalties of up to Rs 250 crore on offending entities, signalling the government's unwavering dedication to protecting citizens' data rights. This comprehensive approach towards regulating the infinite realm of data includes the mandate for some data fiduciaries to appoint Data Protection Officers within India, fostering trust between individual users and digital platforms.

The DPDP Bill represents a crucial stride towards creating a solid foundation for a secure and trustworthy digital ecosystem, showcasing the government's proactive approach to preserving data privacy and strengthening India's position in the digital age.

The author is a Member of the Rajya Sabha