The Digital Personal Data Protection Bill, 2023, was passed in the Lok Sabha in a voice vote, amid continuous sloganeering from the Opposition benches. The Bill sets out requirements for firms collecting data online, with exceptions for the Government and law enforcement agencies.
The Bill, now headed to the Upper House, also amends the Right to Information Act, 2005 to remove public interest exemptions on disclosing personal information.
Exemptions, RTI
Minister of Electronics and Information Technology Ashwini Vaishnaw in his remarks dismissed concerns around wide government exemptions, surveillance, and the amendment of the RTI Act.
“If there is a natural disaster or earthquake, should we worry about … consent notices, or focus on people’s safety,” Mr. Vaishnaw asked. “If the police is pursuing an offender somewhere, will they concern themselves with forms, or will there be action?”
Explained | What is the Data Protection Bill of 2023?
The RTI Act currently allows public authorities to disclose personal information, such as officials’ salaries, when it is in the public interest. The Bill would remove these caveats and completely disallow disclosing personal information. “When the Puttaswamy judgement [in 2017, affirming the Constitutional right to privacy] came, there were three principles, which this Bill hews to,” he said. “The harmonisation that was required between the RTI Act and the Data Protection Bill, has been done here.”
Data board
Jayadev Galla, Telugu Desam Party MP from Guntur, said in his remarks in the House that the Government had too much influence over the proposed Data Protection Board of India, with decision-making powers on appointments and short terms of service. This, he said, citing a 2019 Supreme Court judgement, may reduce the independence of the Board. Mr. Galla otherwise supported the Bill.
“The Bill does not bring about the surveillance reform that is urgently needed [in the country],” Imtiaz Jaleel, AIMIM MP from Aurangabad said. “Instead, it creates a good framework for surveillance of our citizens.”
Lavu Sri Krishna Devarayalu, YSRCP MP from Narasaraopet, Andhra Pradesh, pointed out that the right to be forgotten was not in the Bill. “If someone participated in a political rally 20 years ago, their photos are still in the media,” Mr. Devarayalu said. Mr. Vaishnaw clarified that the right to erasure of data was provided for in the Bill.
Bahujan Samaj Party MP Ritesh Pandey was critical of the scope of impending subordinate legislation. In a Bill of 20 pages, Mr. Pandey said, the term “as may be prescribed” figured 26 times, he said.
