The Justice BN Srikrishna<\/a> Committee on Friday submitted its long-awaited report on data protection<\/a> to the government. In an interview to Surabhi Agarwal later, retired Supreme Court<\/a> judge Srikrishna speaks about how the proposed Data Protection Bill<\/a> puts the ownership of data in the hands of individuals while taking care not to throttle businesses and innovation. Edited Excerpts: 正义BN Srikrishna说关于数据保护法案将手中的个人数据的所有权,同时小心不要扼杀企业和创新。 司法BN Srikrishna委员会在周五提交其期待已久的报告数据保护给政府。在一次采访中,Surabhi Agarwal之后,退休了最高法院法官Srikrishna讲如何提出数据保护法案将数据的所有权的个人,同时小心不要油门企业和创新。编辑摘录:
What is the reasoning behind putting monetary penalties and some criminal penalties?<\/strong>
Experience has shown people are still scared of criminal penalties in this country.
You have also made companies’ management and government heads responsible for violations…<\/strong>
It should be like that. This is a standard clause in all statutes where the company is guilty and the person in charge is also to be held guilty. This clause is found everywhere, whichever statute you take, whether it is Fema<\/a> or any other as an example.
The Bill says one copy of all personal data<\/a> has to be kept in India and the government will define as to what is this critical personal data. Why have you left it to the government to decide?<\/strong>
Who is going to decide? You and I cannot decide it. I would say all of my data is critical and somebody else would say that no it is not critical. Somebody has to decide and the government has to run the country.
This data transfer and all that — it’s necessary you have to deal with an international instrument, that can be done only by the executive not even by the legislature. That is why we have kept it open for the government to take a call on a case-to-case basis.
You think the sectoral regulators should take a call on this?<\/strong>
It depends. Hospitals should be treated differently. For example, Supreme Court judge’s personal data? Should it be treated critically or not? Let somebody take a call on that. The government can call the Chief Justice and ask if the judge’s personal data should be treated critically. The CJI may say, ‘I don’t want my judge’s data to be sent out’ — then that is fair enough.
The whole issue is that if you want data somewhere else, let’s say, outside the country, then how will you access it when you want it? Then it will depend on country-to-country treaties.
Look at what is happening to the extradition treaties … they will say my law doesn’t permit, then what will you do? So, it is better to keep it available and then the government can take it up at a government-to-government level saying please provide us this.
As far as consent is concerned, the proposed Bill has given a lot of power to the individual… See, the idea is to empower the individual. But at the same time, you cannot use your empowerment to the detriment of somebody else. Then, you will be answerable to the court. Do you think this will hurt the way in which the tech industry is currently fashioned, where a lot of startups come up and this may put a lot of compliance burden on them?<\/strong>
It is for this reason that there is a specific provision. Take, for example, labour cess. It will apply only if you have 20 or more workers. If you have two workers, it will not apply. Something can be done like this.
Which existing laws will have to be amended due to the data protection Bill?<\/strong>
Almost every law will be impacted by this. This is why we have said this law will have overriding effect. So, in the event of a conflict of the provisions of this law with any other law, this law will prevail. It is a constitutional provision.
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数据法律旨在赋予个人:正义BN Srikrishna
是什么原因把罚款和刑事处罚吗?
经验表明人仍然害怕在这个国家刑事处罚。
你也取得了公司的管理和政府首脑践踏…
它应该是这样的。这是一个标准的条款在所有法律公司是有罪的,负责的人也被判有罪。这一条款是随处可见,你哪个法规,无论是联邦应急管理局或任何其他为例。
谁来决定?你和我不能决定它。我想说我所有的数据是至关重要的,别人会说,不,这不是关键。有人决定,政府管理国家。
这数据传输和——这是必要的你必须处理一个国际文书,可以只通过行政甚至立法机关。这就是为什么我们一直对政府采取开放在案例基础上的电话。
你认为部门监管机构应该采取一个电话吗?
视情况而定。医院应该区别对待。例如,最高法院法官的个人资料?应该是治疗严重吗?让别人接电话。政府可以叫首席大法官,问法官的个人资料应批判性地对待。CJI的可能会说,“我不希望我的法官发出的数据,那么这是很好。
整个问题是,如果你想要的数据在其他地方,比方说,在国外,然后你将如何访问它,当你想要吗?然后它将取决于国与国条约。
看看发生了什么引渡条约…他们会说我的法律不允许,那么你会怎么办?所以,最好是保持可用,然后对各级政府政府可以把它说请提供我们。
同意而言,权力的提案给了很多个人…看,这个想法是为了让个人。但与此同时,你不能用你的权力损害别人的利益。然后,您将负责法院。你认为这将伤害的方式科技产业目前成形,很多创业公司提出,这可能给他们很多合规负担?
正是因为这一原因,有具体的规定。例如,工党转运。它将仅适用于如果你有20或更多的工人。如果你有两个工人,它将不适用。可以做这样的事情。
现有的法律必须修改由于数据保护法案?
几乎每一个法律将受到影响。这就是为什么我们说,这项法律将会覆盖效果。所以,在发生冲突的规定与其他法律,这项法律将获胜。这是一个宪法条款。
The Justice BN Srikrishna<\/a> Committee on Friday submitted its long-awaited report on data protection<\/a> to the government. In an interview to Surabhi Agarwal later, retired Supreme Court<\/a> judge Srikrishna speaks about how the proposed Data Protection Bill<\/a> puts the ownership of data in the hands of individuals while taking care not to throttle businesses and innovation. Edited Excerpts:
What is the reasoning behind putting monetary penalties and some criminal penalties?<\/strong>
Experience has shown people are still scared of criminal penalties in this country.
You have also made companies’ management and government heads responsible for violations…<\/strong>
It should be like that. This is a standard clause in all statutes where the company is guilty and the person in charge is also to be held guilty. This clause is found everywhere, whichever statute you take, whether it is Fema<\/a> or any other as an example.
The Bill says one copy of all personal data<\/a> has to be kept in India and the government will define as to what is this critical personal data. Why have you left it to the government to decide?<\/strong>
Who is going to decide? You and I cannot decide it. I would say all of my data is critical and somebody else would say that no it is not critical. Somebody has to decide and the government has to run the country.
This data transfer and all that — it’s necessary you have to deal with an international instrument, that can be done only by the executive not even by the legislature. That is why we have kept it open for the government to take a call on a case-to-case basis.
You think the sectoral regulators should take a call on this?<\/strong>
It depends. Hospitals should be treated differently. For example, Supreme Court judge’s personal data? Should it be treated critically or not? Let somebody take a call on that. The government can call the Chief Justice and ask if the judge’s personal data should be treated critically. The CJI may say, ‘I don’t want my judge’s data to be sent out’ — then that is fair enough.
The whole issue is that if you want data somewhere else, let’s say, outside the country, then how will you access it when you want it? Then it will depend on country-to-country treaties.
Look at what is happening to the extradition treaties … they will say my law doesn’t permit, then what will you do? So, it is better to keep it available and then the government can take it up at a government-to-government level saying please provide us this.
As far as consent is concerned, the proposed Bill has given a lot of power to the individual… See, the idea is to empower the individual. But at the same time, you cannot use your empowerment to the detriment of somebody else. Then, you will be answerable to the court. Do you think this will hurt the way in which the tech industry is currently fashioned, where a lot of startups come up and this may put a lot of compliance burden on them?<\/strong>
It is for this reason that there is a specific provision. Take, for example, labour cess. It will apply only if you have 20 or more workers. If you have two workers, it will not apply. Something can be done like this.
Which existing laws will have to be amended due to the data protection Bill?<\/strong>
Almost every law will be impacted by this. This is why we have said this law will have overriding effect. So, in the event of a conflict of the provisions of this law with any other law, this law will prevail. It is a constitutional provision.
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