THE long wait is over. The draft of the Digital Personal Data Protection Bill, 2022, was opened for public discussion on November 19, 2022. It is a much needed slep from the government's side as India has some 290 million social media users, 40 million messaging application users and about 400 million users across various search engines like Google.
The intention of the government in putting the Bill in the public domain is to perpetuate the idea that the right to privacy, as was enunciated in the KS Puttaswamy case, is an important fundamental right. The Bill tries to resolve the issues which were discussed in the Data Protection Bill, 2019. And to some extent, it has been able to resolve them.
The issues raised in the previous Data Protection Bill are:
•Rights of a deceased person: In the Personal Data Protection Bill, 2019, there was no mention of the rights of a deceased or about the exercise of rights of a person in case of death. Hence, a parliamentary committee recommended that clauses regarding the rights of a deceased person be added.
DPDP 2022 has a clause which says a data principal must have the right to designate, in the way permitted by law, any other person who, in case of his death or incapacity, shall exercise his rights in accordance with the provisions of this Act.
Artificial juridical person: The 2019 Bill did not have any clause about an artificial juridical person as a data fiduciary. As a result of that, NGOs were left out of the ambit of the Bill. They could process the data in any form they wanted. This has been sorted out by the Personal Data Protection Bill, 2022, as it talks about the artificial juridical person as a data fiduciary, thereby widening the scope and ambit of the Bill. As a result, NGOs will not be able to misuse the personal data of an individual.
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