Digital Personal Data Protection Bill 2023: Is Your Data Safe?

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It's been one year since the government withdrew the Data Protection Bill, 2021 (DPB 2021), and introduced the Digital Personal Data Protection Bill, 2023 (DPDPB 2023), a fresh attempt to address the critical issues surrounding data privacy and protection in the digital age. However, the unveiling of this new bill has not been without its share of controversies and concerns.

Digital Personal Data Protection Bill 2023: How much data does it really protect?

Amid the ongoing Monsoon session of the Parliament, the government appears determined to ensure the swift passage of the DPDPB 2023. While officials have expressed optimism about the bill's potential to safeguard citizens' digital privacy, many are skeptical about its effectiveness, citing unresolved issues from its predecessor, the Digital Personal Data Protection Bill, 2022 (DPDPB 2022).

Although the government has emphasized the importance of a comprehensive legal framework, the process leading up to the introduction of DPDPB 2023 has been mired in uncertainty and lack of transparency. During the public consultation phase, responses were not made public, raising concerns about the incorporation of stakeholders' feedback and whether the bill genuinely addresses their concerns.

A report by the Standing Committee on Communications and Information Technology revealed that a substantial number of feedback responses were received, but the Ministry of Electronics and Information Technology (MEITy) has denied requests for transparency under the Right to Information Act, leaving many in the dark about the actual shaping of the bill.

Adding to the complexities, there have been questions surrounding the legitimacy of the Standing Committee's report itself. Whereas, reports suggest that opposition members walked out of a meeting, alleging that the bill was taken up for consideration without proper referral. Despite the government's intentions, critics argue that DPDPB 2023 inherits some of the key flaws from its predecessor. A consistent point of contention has been the exemptions granted to state authorities and instrumentalities, which remains a major concern in the current version. The bill permits exemptions for purposes like public order, security of the State, and foreign relations, raising alarm bells about potential misuse and a lack of oversight.

Furthermore, the bill introduces new provisions that expand the government's discretion, allowing it to exempt entities from various obligations based on data volume and nature. This wide-ranging authority has raised eyebrows and led to accusations of a lack of accountability.

One notable shift is the rebranding of the controversial concept of 'deemed consent' as 'certain legitimate uses.' However, critics argue that this renaming does not address the core issues and could still lead to excessive data processing without proper consent. Another point of contention is the bill's impact on individual rights. While it includes obligations such as notice and informed consent, it falls short of addressing essential concerns about erasure of personal data and purpose limitation. Additionally, the bill amends the Right to Information (RTI) Act, potentially weakening the public's ability to hold state entities accountable. As India grapples with an increasingly sophisticated landscape of cyber threats, the DPDPB 2023's effectiveness in safeguarding citizens' data remains uncertain. With ambiguities and potential loopholes, concerns persist about the extent to which the bill truly protects individuals' digital rights.

The road ahead for the DPDPB 2023 is likely to be marked by intense debates and discussions in the Parliament, as lawmakers, activists, and experts analyze the bill's provisions and their implications. As citizens eagerly await further developments, the fate of India's digital data protection framework hangs in the balance, with the bill's shortcomings and controversies casting a shadow over its potential impact.

Important News of the Day

1. Indian companies raised ₹9.8 lakh crore from capital markets in 2022-23: SEBI annual report

According to the SEBI annual report dated August 7, 2023, Indian companies raised Rs 9.8 lakh crore from capital markets in 2022-23. The Indian capital markets facilitated resource mobilisation, which includes equity, debt, and hybrid instruments. The report also stated that the resource mobilisation was higher than the previous year. The capital markets have played a significant role in the growth of Indian companies, and the trend is expected to continue in the future.

2. Rahul Gandhi changes his Twitter bio after restoration as Lok Sabha MP

Rahul Gandhi, the Congress leader, has changed his Twitter bio from "DisQualified MP" to "Member of Parliament" after his status as the MP from Kerala's Wayanad was restored on Monday.

3. National Handloom Day: PM Modi takes a ‘Quit India’ jab at opposition, says ‘some are creating roadblocks…’

Prime Minister Narendra Modi addressed the National Handloom Day celebration on Monday, calling upon people to reaffirm their commitment to popularise local products. He said that India's vibrant handlooms exemplify the country's diversity and that the government's endeavor is to give a boost to the sector.

4. Delhi AIIMS: Fire breaks out in endoscopy room; patients evacuated

A fire broke out in the endoscopy room of the All India Institute of Medical Sciences (AIIMS) in Delhi, India on August 7, 2023. The fire was located on the second floor of the old OPD building, above the emergency ward.

5. Central government likely to increase dearness allowance to 45% for employees and pensioners

The Central government is likely to increase the dearness allowance (DA) for its over one crore employees and pensioners by three percentage points to 45% . This hike in DA is expected to be effective from July 1, 2023.

6. FPIs pulled out ₹37,632 crore from Indian equities during 2022-23: SEBI

Foreign portfolio investments (FPI) in India fell to (-) Rs 40,936 crore in 2022-23, a sharp decline from a healthy Rs 2,67,100 crore in the previous fiscal year. During FY2023, FPI outflows from the equity segment stood at Rs 37,632 crore.

7. Delhi Ordinance bill tabled in Rajya Sabha by Amit Shah, INDIA MPs call it ‘dictatorial’

The Delhi Services Bill, which proposes that actions like suspensions and inquiries of the national capital's officials would be under the control of the Lieutenant Governor (LG) of Delhi, was passed in the Lok Sabha on August 3, 2023.

8. NLCIL, CIL announce plans for new thermal power plants to meet energy demands

Coal India and NLC India have formed a joint venture to build multiple thermal power plants across India to meet the growing demand for electricity. The joint venture will develop solar and thermal power assets, with a total generation capacity of 5 GW.

World News 🌎

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• Donald Trump claims he can’t get a fair trial in ‘filthy’ Washington; seeks new judge in US poll conspiracy case

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• Hijab rule: Iran sending women for psychological treatment for not covering their head

• Pope Francis says ‘Church is open to everyone,' including LGBT 'but there are laws’

• Two dead, 30 missing and 57 rescued after migrant shipwrecks off Italy's Lampedusa

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