Data (Privacy And Protection) Bill, 2017: What To Expect

As digitization increases, large volumes of data are generated and there are no measures to safeguard the privacy of this data nor regulate data retention by the platforms collecting it. Hence, we are in need of a strong data protection law.

In the new media age, privacy has become a fiercely debated topic. In India, we observe that with the ongoing Aadhaar case in the Supreme Court, a new common discussion has started around the issue of digital privacy and where the law currently stands on this subject.

The debate on privacy and data protection has become a burning issue as the constitutional bench of nine judges, headed by the Chief Justice of India, is set to decide whether the right to privacy is a fundamental right, and a committee headed by Justice B. N. Srikrishna, former judge of the Supreme Court, has been constituted to suggest a draft Bill on data protection. It must be noted that it is this series of important events that may contribute to India’s focus on data protection and the Data (Privacy and Protection) Bill, 2017.

What is Data Privacy and Data Protection

A privilege to ensure one’s information online constitutes information security. Such information could either be about an individual, undertaking, or even a government. Following the definition of personal data laid down by the European Union’s data protection guidelines, “Information concerning an identified and identifiable natural person” covers the scope of personal data. Hence, if we follow this definition, the personal information provided by individuals during biometrics would be included. But data put out through biometrics or for economic purposes remains at risk in India since no legislation has been chalked out to protect such personal data.

Where It All Started

Recently, in the Lok Sabha, Member of Parliament Baijayant “Jay” Panda tabled the Data (Privacy and Protection) Bill, 2017, proposing the right to privacy as a fundamental right for Indian citizens.