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The awaited Data Protection Bill may be introduced in this session of Parliament! Why do we need a data protection law you ask? Remember the #SaveOurPrivacy campaign videos? Now is a good time to revisit them!
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Let’s go back in time a little to see how far India has come. On August 24, 2017, the SC upholds the right to privacy in India in Puttaswamy. #PrivacySupreme indeed. https://www.eff.org/deeplinks/2017/08/indias-supreme-court-upholds-right-privacy-fundamental-right-and-its-about-time
During the course of the hearings in the SC the Govt scurries; It sets up the Srikrishna Committee to frame a Data Protection Law, headed by Retd. J. Srikrishna. https://economictimes.indiatimes.com/news/politics-and-nation/supreme-court-calls-for-data-protection-law/articleshow/60215247.cms
On July 27, 2018, the Srikrishna Committee produces not only Data Protection law but also Srikrishna Report. Various aspects of the Bill create numerous causes for concern. https://www.bloombergquint.com/law-and-policy/draft-bill-seeks-to-revolutionise-data-collection-storage-in-india
Civil society floated a Model Privacy Code to highlight significant aspects that the Draft Bill lacks. This is called the Indian Privacy Code, 2018. #SaveOurPrivacy
All the way to November, 2019, news reports emerge that the Government Bill has been listed to be introduced in the Winter Session, after waiting for months to get the seal of approval. https://www.business-standard.com/article/pti-stories/data-protection-bill-to-be-tabled-in-parliament-in-current-session-119111801196_1.html
Now that we’ve got the timeline straight, let’s tackle the Bill as first proposed by the Srikrishna Committee. Why is not sufficient? Here’s a little snippet -
Like in the previous video, there are some major hits and misses. The Bill affords wide exceptions, cumbersome storage requirements, does not address surveillance & negates the power of the RTI Act. https://www.hindustantimes.com/opinion/draft-of-data-protection-bill-more-an-uneasy-compromise-than-a-clear-commitment/story-HgLObaO58GzuWWj9CF3lnN.html
One of our major concerns have been with surveillance. Here’s a great article by @VrindaBhandari on the Bill missing out on this reform. https://www.thequint.com/voices/opinion/personal-data-protection-bill-2018-draft-srikrishna-committee-loopholes-surveillance
As the Bill makes its way in Parliament, the newly formed Parliamentary Standing Committee on IT will play an important role. There is no clarity on the current content of the Bill and previous concerns yet need addressing. Necessary therefore to refer it to the Committee. 10/10
