Data Protection Bill, 2019

The Data Protection Bill 2019 has been presented to Parliament. The bill has been submitted to the Joint Parliamentary Committee for detailed review, and a report is expected to be presented before the 2020 budget meeting. The purpose of this bill is to protect people’s personal data and to create a framework for the processing of such personal data and establish a data protection agency for this purpose. This bill is important as it brings the collection of information about people and their online habits which is now become a major source of profit, but it is also a potential way to violate privacy because it can reveal extremely personal aspects. Businesses, governments, and political parties find it valuable because they can use it to find the most persuasive online advertising method and this bill is necessary to prevent invasion of privacy and unfounded publicity.

The features of the Data Protection bill

  • The bill aims to guarantee the protection of people’s personal data.

– The Act governs the processing of personal data:

  • Government
  • Companies incorporated in India
  • Foreign companies processing personal data in India
  •  Duties of data trustees: Personal data can only be processed for specific purposes, clearly and legally.
  •  In addition all data trustees must take certain transparency and accountability measures,.
  • Implement security measures (such as data encryption and prevent data abuse) and establish a claim correction mechanism to resolve people’s complaints. When dealing with children’s sensitive personal data, they should also establish mechanisms for age verification and parental consent.
  •  Personal Rights seeks to correct inaccurate, incomplete or outdated personal data.
  • Transfer of personal data to any other data trustee in certain circumstances.
  •  Restricts the trustee from continuing to disclose your personal data, if it is no longer needed or if consent is withdrawn.
  •  Reasons for the processing of personal data: The Law allows trustees to process data only with the consent of the person. However, in some cases, personal data can be processed without consent. These include that if the state requires benefits for individuals, legal proceedings and respond to medical emergencies.

The data protection bill provides the Law that regulates personal data related to people, as well as the processing, collection and storage of such data. According to the Law, a data subject is a person whose personal data is being processed. The entity or individual that determines the method and purpose of data processing is called the data trustee. This law governs the processing of personal data by the government and companies incorporated in India. If a foreign company processes the personal data of Indian persons, it also applies to foreign companies.

The data protection bill is considered as the best bill as it provides the personal data online or offline (personal characteristics, characteristics, attributes or other characteristics), before collecting such data or performing any form of analysis, must obtain the clear and informed consent of the person to whom it belongs. Article 6 of Law  stipulates that the data collected will only be within the scope required to process such personal data. Article 7 requires a notification to the person collecting the data, indicating the nature and category of the personal data and the purpose of the data processing.

 This should provide great spokes for organizations that are thriving on processing and monetizing data collected from people.  Data localization will help law enforcement agencies access data for investigation and law enforcement.  Today, most cross-border data transfers are subject to individual bilateral “judicial assistance treaties.” Almost all stakeholders agree that this process is cumbersome.  In addition, supporters emphasize the security against foreign attacks and surveillance, and emphasize the concept of data sovereignty.  Many local technology companies (which store most of their data in India) support localization.  Many stakeholders in the economy say that localization will also increase the Indian government’s ability to tax Internet giants.

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