The Digital Personal Data Protection Bill, 2023, introduced by Union IT Minister Ashwini Vaishnaw on August 3, is set to be discussed in the Lok Sabha on Monday, even as the Opposition — highlighting the Puttaswamy judgment — argues that it violates the fundamental right to privacy.
To understand the issue, News18 spoke to Kritika Seth, Founding Partner, Victoriam Legalis, Advocates & Solicitors, who said the Opposition’s concerns are likely related to how the Bill regulates the processing of digital personal data and its potential impact on individuals’ right to privacy.
“It is pertinent to note that any data protection legislation strikes a balance between protecting individuals’ privacy rights and enabling lawful processing of data for legitimate purposes. If the Bill aims to regulate the processing of digital personal data, it must take into account the principles of proportionality and ensure that any restrictions on privacy are necessary and reasonable. The Bill should also establish robust safeguards to protect data from unauthorised access and misuse,” she added.
Further, the legal expert stated that during the debate on the Bill, it would be crucial to thoroughly scrutinise its provisions and assess their compatibility with the principles laid down in the Puttaswamy judgment. If there are any concerns about potential violations of the right to privacy, those issues should be addressed and rectified through amendments to the Bill.
Legal expert Suvigya Awasthy, Partner, PSL Advocates & Solicitors, said according to the opposition MPs, the current Bill does not do enough to protect people’s privacy and runs fowl to the Puttaswamy judgment.
As per Awasthy, some of the key concerns pertain to excessive legislative delegation for future and wide amplitude of executive power, apprehension of increased State surveillance due to exemptions granted to the executive, power to impose harsh penalties on Data Principals, and proposed amendments to the Right to Information Act which may dilute its effectiveness.
“Another interesting aspect pertains to easier data localisation and cross-border exchange of information between two or more territories. This may lead to increased data collection and sharing between organisations that could be violative of the principles laid by the judgment in Puttaswamy. Whilst informational privacy was recognised as an indispensable facet of privacy, its violation on certain occasions may dilute the spirit of the judgment in Puttaswamy,” he added.
Awasthy said the Bill has also sought to lay down the foundational stone for the establishment of the Data Protection Board. According to him, this may seem like a positive move on the part of the government. However, the excessive control of the executive over the board may turn out to be another instance that demonstrates the interference of the government in such instances.
In November 2022, a draft was made available for public comment and the government received 21,666 suggestions. Comments were made by more than 30 ministries and government departments and a series of discussions was conducted with the industry before the Bill was introduced in Parliament.
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