Under the Bill, personal data can only be processed for lawful purposes with the individual’s consent. In certain cases, consent may be implied.
The Union Cabinet on Wednesday gave approval to the Data Protection Bill. The initial draft of the Bill was introduced in November of the previous year and underwent several rounds of public consultation. Taking into account the feedback received during these consultations, a second draft was prepared and subsequently underwent inter-ministerial discussions.
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The Bill will have jurisdiction over the processing of digital personal data in India. This includes data collected online or offline and later digitized. The Bill will also apply to the processing of data outside of India if it involves offering goods or services or profiling individuals in India.
Under the Bill, personal data can only be processed for lawful purposes with the individual’s consent. In certain cases, consent may be implied. Data fiduciaries are required to ensure the accuracy and security of the data and delete it once its purpose has been fulfilled.
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The Bill grants individuals certain rights, including the right to access information, request corrections and deletions, and seek redressal for grievances, according to PRS India.
The government may exempt its agencies from certain provisions of the Bill based on specified grounds such as national security or public order.
To enforce compliance with the Bill, the government will establish the Data Protection Board of India. However, exemptions granted to the government for data processing on grounds like national security raise concerns about the potential violation of the right to privacy.
The Bill treats private and government entities differently regarding consent and storage limitations, which may violate the right to equality.
