The Economic Times was the first to report that India<\/a> may draft a completely new privacy bill, by putting aside the current version of the Personal Data Protection<\/a> Bill 2019 that has been in the making for nearly five years and does not comprehensively address the requirements of the country’s changing technology landscape.
In December 2021, a report of the Joint Committee of the Parliament on the Personal Data Protection Bill, 2019, was tabled. The Bill was first brought in 2019 and was then referred to the Joint Committee of the Parliament. The revised Bill included both personal and non-personal data under its ambit, which would be dealt with by a Data Protection Authority.
Incidentally, Minister of Communications and Electronics & Information Technology Ashwini Vaishnaw in February last week referring to the Bill had reportedly said that \"there is no plan to scrap the current draft data protection legislation that has undergone detailed consultation and parliamentary panel deliberations.\"
Among the options being discussed is the introduction of fresh legislation that can cater to the ongoing \"sea change in the local and global technology (environment)\", ET had reported. It would also allay concerns that current provisions may hurt the country’s fledgling technology and start-up ecosystem, which saw a record 42 unicorns being created in the last one year, ET report had said.
The 2019 Bill — drafted first by a panel led by retired Supreme Court Judge BN Srikrishna — was reviewed by a Joint Committee of Parliament that submitted its final recommendations and a revised draft Bill only in November 2021.
\"Since it’s a JCP draft Bill, the government can only tweak the clauses to some extent but the provisions cannot be changed completely… A better option is to bring a new Bill altogether which is aligned with the current times,\" ET had quoted one official as saying.
The Bill, originally mooted in 2017, was drafted by the Srikrishna Committee after a year-long consultation process and the government tabled the first draft of the legislation in Parliament three years ago. Subsequently, the JCP took a further two years, amid the pandemic, to study the contours of the highly-debated regulation.
The proposed regulation has attracted sustained criticism from several stakeholders, both local and global. They have flagged provisions such as the inclusion of non-personal data, treating social media as publishers, and the structure of the Data Protection Bill, as concerning.
ET had also reported that a study commissioned by the European Data Protection Board (EDPB) had called out data policies of India—specifically the exemptions that the government had sought under Section 35 of the Data Protection Bill — as an area of concern.
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